Case C-282/13: Judgment of the Court (Third Chamber) of 22 January 2015 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — T-Mobile Austria GmbH v Telekom-Control-Kommission (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 5(6) — Rights of use for radio frequencies and numbers — Directive 2002/21/EC — Article 4(1) — Right of appeal against a decision of a national regulatory authority — Meaning of ‘undertaking affected by a decision of a national regulatory authority’ — Article 9b — Transfer of individual rights to use radio frequencies — Reallocation of rights to use radio frequencies following the merger of two undertakings)
Date: 2015-01-22
Institutions: Court of Justice
Subjects: electronic mail, merger, regulation of telecommunications, transmission network








C_2015107EN.01000301.xml










30.3.2015   


EN


Official Journal of the European Union


C 107/3






Judgment of the Court (Third Chamber) of 22 January 2015 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — T-Mobile Austria GmbH v Telekom-Control-Kommission
(Case C-282/13) (1)

((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Article 5(6) - Rights of use for radio frequencies and numbers - Directive 2002/21/EC - Article 4(1) - Right of appeal against a decision of a national regulatory authority - Meaning of ‘undertaking affected by a decision of a national regulatory authority’ - Article 9b - Transfer of individual rights to use radio frequencies - Reallocation of rights to use radio frequencies following the merger of two undertakings))
(2015/C 107/03)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Appellant: T-Mobile Austria GmbH

Respondent: Telekom-Control-Kommission

Intervening parties: Hutchison Drei Austria Holdings GmbH, formerly Hutchison 3G Austria Holdings GmbH, Hutchison Drei Austria GmbH, formerly Hutchison 3G Austria GmbH and Orange Austria Telecommunication GmbH, Stubai SCA, Orange Belgium SA, A1 Telekom Austria AG, Bundesministerin für Verkehr, Innovation und Technologie

Operative part of the judgment

Articles 4(1) and 9b of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, and Article 5(6) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), as amended by Directive 2009/140, must be interpreted as meaning that an undertaking, in circumstances such as those of the case before the referring court, may be regarded as a person ‘affected’, for the purposes of Article 4(1) of Directive 2002/21, as amended by Directive 2009/140, where that undertaking, which provides electronic communications networks or services, is a competitor of the undertaking or undertakings party to a procedure for the authorisation of a transfer of rights to use radio frequencies provided for in Article 5(6) and the addressees of the decision of the national regulatory authority, and where that decision is likely to have an impact on that first undertaking’s position on the market.


(1)  OJ C 260, 7.9.2013.