CELEX: 62012CN0556
Language: en
Date: 2012-12-03 00:00:00
Title: Case C-556/12: Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 3 December 2012 — TDC A/S v Teleklagenævnet

9.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/13
            
         Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 3 December 2012 — TDC A/S v Teleklagenævnet
   (Case C-556/12)
   2013/C 38/16
   Language of the case: Danish
   
      Referring court
   
   Østre Landsret
   
      Parties to the main proceedings
   
   
      Applicant: TDC A/S
   
      Defendant: Teleklagenævnet
   
      Questions referred
   
   
               1.
            
            
               Does the definition of ‘access’ in Article 2(a) of the Access Directive (1) cover access in the form of the installation of drop cables between the distribution point in an access network and the terminating segment at the end-user’s premises? Does it make a difference in answering the question that the maximum length of such drop cables is 30 metres?
            
         
               2.
            
            
               Is the installation of a drop cable over a distance of up to 30 metres between the distribution point in an access network and the terminating segment at the end user’s premises covered by the phrase ‘access to, and use of, specific network elements and associated facilities’ in Article 12 of the Access Directive, ref. Article 2 and Article 8?
            
         
               3.
            
            
               Is it relevant for the answer to question 1 and question 2, where the access obligation takes the form of a requirement, for example, to install drop cables between the distribution point in an access network and the terminating segment at an end-user’s premises, that the owner of an electronic communications network must undertake investment which considerably exceeds the acquisition cost of the electronic communications network to which access must be provided?
            
         
               4.
            
            
               Is it relevant for the answer to question 3 that the owner is able to recover the costs of installing the drop cables through an imposed price control obligation?
            
         
      (1)  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7)