THE APPLICANT IS THAT THE ACTIVITIES OF PRIVATE MESSAGE-FORWARDING AGENCIES CAUSE ECONOMIC DAMAGE TO THE PUBLIC TELECOMMUNICATIONS SERVICE IN THE UNITED KINDOM .
33 IT SHOULD BE OBSERVED THAT , WHILST THE SPEED OF MESSAGE-TRANSMISSION MADE POSSIBLE BY TECHNOLOGICAL ADVANCES UNDOUBTEDLY LEADS TO SOME DECREASE IN REVENUE FOR BT , THE PRESENCE IN THE UNITED KINGDOM OF PRIVATE FORWARDING AGENCIES ATTRACTS TO THE BRITISH PUBLIC NETWORK , AS THE APPLICANT ITSELF OBSERVES , A CERTAIN VOLUME OF INTERNATIONAL MESSAGES AND THE REVENUE WHICH GOES WITH IT . THE ITALIAN REPUBLIC HAS TOTALLY FAILED TO DEMONSTRATE THAT THE RESULTS OF THE ACTIVITIES OF THOSE AGENCIES IN THE UNITED KINGDOM WERE , TAKEN AS A WHOLE , UNFAVOURABLE TO BT , OR THAT THE COMMISSION ' S CENSURE OF THE SCHEMES AT ISSUE PUT THE PERFORMANCE OF THE PARTICULAR TASKS ENTRUSTED TO BT IN JEOPARDY FROM THE ECONOMIC POINT OF VIEW .
34 THE ITALIAN REPUBLIC PUTS FORWARD A SECOND ARGUMENT BASED ON THE NEED FOR A SYSTEM OF WORLD-WIDE COOPERATION AS INSTITUTED BY THE ITU , IN ORDER TO ENSURE THE PROPER RUNNING OF INTERNATIONAL TELECOMMUNICATIONS SERVICES , AND ON THE LEGITIMATE EXPECTATION OF OTHER NATIONAL ADMINISTRATIONS THAT THE INTERNATIONAL RULES FOR THE TIME BEING IN FORCE WHICH ARE DESIGNED TO PREVENT THE ACTIVITIES OF PRIVATE MESSAGE-FORWARDING AGENCIES WILL BE COMPLIED WITH . BY PREVENTING BT FROM HONOURING TO THE FULL THE OBLIGATIONS OF SUCH INTERNATIONAL COOPERATION , THE CONTESTED DECISION AGAIN THREATENS TO JEOPARDIZE THE PERFORMANCE OF THE PARTICULAR TASKS ENTRUSTED TO IT AS A NATIONALIZED INDUSTRY .
35 IN REALITY , THE QUESTION RAISED BY THAT ARGUMENT IS WHETHER OR NOT THE ITC OR THE LAW DERIVED FROM IT REQUIRED BT TO ADOPT THE MEASURES AT ISSUE . IT IS PRECISELY THAT QUESTION WHICH IS COVERED BY THE THIRD SUBMISSION MADE BY THE ITALIAN REPUBLIC WHICH IS DESIGNED TO SHOW THAT BT WAS NOT , IN THE CIRCUMSTANCES , OBLIGED TO COMPLY WITH THE COMMUNITY RULES ON COMPETITION . IT MUST THEREFORE BE CONSIDERED BELOW .
3 . THE CLAIM THAT THE ITC AND THE LAW DERIVED FROM IT REQUIRED BT TO PREVENT - AS IT DID - THE ACTIVITIES OF PRIVATE FORWARDING AGENCIES OPERATING IN THE UNITED KINGDOM
36 THE ITALIAN REPUBLIC MAINTAINS THAT THE COMMISSION DISREGARDED THE TERMS OF ARTICLE 234 OF THE TREATY . ARTICLE 234 RESOLVES ANY CONFLICT BETWEEN COMMUNITY LAW AND THE PRE-EXISTING RULES OF INTERNATIONAL LAW , BY GIVING THE LATTER PRECEDENCE OVER THE FORMER . THE APPLICANT CLAIMS THAT THE PROVISIONS OF THE ITC AND ITS ADMINISTRATIVE REGULATIONS HAVE ALWAYS FORBIDDEN NATIONAL ADMINISTRATIONS TO ALLOW THE RE-ROUTING OF THE INTERNATIONAL TRAFFIC IN TELEGRAPH OR TELEPHONE MESSAGES WHEN SUCH RE-ROUTING IS CAUSED BY THE ATTEMPT OF PRIVATE FORWARDING AGENCIES TO EVADE THE FULL CHARGES DUE FOR THE COMPLETE ROUTE . BY VIRTUE OF ARTICLE 6.3 OF THE TELEGRAPH REGULATIONS OF 1973 , ON THE ONE HAND , AND CCITT RECOMMENDATION F 60 , ON THE OTHER , BT WAS OBLIGED TO ADOPT THE