CELEX: 62014CA0395
Language: en
Date: 2016-01-14 00:00:00
Title: Case C-395/14: Judgment of the Court (Third Chamber) of 14 January 2016 (request for a preliminary ruling from the Bundesverwaltungsgericht (Federal Administrative Court — Germany)) — Vodafone GmbH v Bundesrepublik Deutschland (Reference for a preliminary ruling — Common regulatory framework for electronic communications networks and services — Directive 2002/21/EC — Article 7(3) — Procedure for consolidating the internal market for electronic communications — Directive 2002/19/EC — Articles 8 and 13 — Operator designated as having significant market power on a market — Obligations imposed by national regulatory authorities — Price control and cost accounting obligations — Authorisation of mobile call termination fees)

14.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 98/9
            
         Judgment of the Court (Third Chamber) of 14 January 2016 (request for a preliminary ruling from the Bundesverwaltungsgericht (Federal Administrative Court — Germany)) — Vodafone GmbH v Bundesrepublik Deutschland
   (Case C-395/14) (1)
   
   ((Reference for a preliminary ruling - Common regulatory framework for electronic communications networks and services - Directive 2002/21/EC - Article 7(3) - Procedure for consolidating the internal market for electronic communications - Directive 2002/19/EC - Articles 8 and 13 - Operator designated as having significant market power on a market - Obligations imposed by national regulatory authorities - Price control and cost accounting obligations - Authorisation of mobile call termination fees))
   (2016/C 098/11)
   Language of the case: German
   
      Referring court
   
   Bundesverwaltungsgericht
   
      Parties to the main proceedings
   
   
      Applicant: Vodafone GmbH
   
      Defendant: Bundesrepublik Deutschland
   
      Operative part of the judgment
   
   Article 7(3) 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) must be interpreted as meaning that, when an national regulatory authority has required an operator which has been designated as having significant market power to provide mobile call termination services and has made the fees charged for this subject to authorisation following the procedure laid down in that provision, that national regulatory authority is required to carry out the procedure again before each authorisation of those fees to that operator, where that authorisation is likely to affect trade between the Member States within the meaning of that provision.
   
      (1)  OJ C 372, 20.10.2014.