CELEX: 62006CA0262
Language: en
Date: 2007-11-22 00:00:00
Title: Case C-262/06: Judgment of the Court (Second Chamber) of 22 November 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Deutsche Telekom AG v Bundesrepublik Deutschland (Telecommunications sector — Universal service and users' rights — Definition of obligations which are to be provisionally maintained — First paragraph of Article 27 of Directive 2002/21/EC (Framework Directive) and Article 16(1)(a) of Directive 2002/22/EC (Universal Service Directive) — Tariffs for the supply of voice telephony services — Requirement for administrative authorisation)

26.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/8
            
         Judgment of the Court (Second Chamber) of 22 November 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Deutsche Telekom AG v Bundesrepublik Deutschland
   (Case C-262/06) (1)
   
   (Telecommunications sector - Universal service and users' rights - Definition of ‘obligations’ which are to be provisionally maintained - First paragraph of Article 27 of Directive 2002/21/EC (Framework Directive) and Article 16(1)(a) of Directive 2002/22/EC (Universal Service Directive) - Tariffs for the supply of voice telephony services - Requirement for administrative authorisation)
   (2008/C 22/15)
   Language of the case: German
   Referring court
   Bundesverwaltungsgericht
   Parties to the main proceedings
   
      Applicant: Deutsche Telekom AG
   
      Defendant: Bundesrepublik Deutschland
   Re:
   Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of the first sentence of Article 27 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) (OJ 2002 L 108, p. 33) and Article 16(1)(a) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51) — Meaning of ‘obligations’ to be provisionally maintained by the Member States — Pre-existing requirement for authorisation of charges for the supply of voice telephony services to end-users by an undertaking with a dominant position
   Operative part of the judgment
   The first paragraph of Article 27 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) and Article 16(1)(a) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) must be interpreted as meaning that a statutory requirement for the approval of tariffs for the supply of retail voice telephony services provided by undertakings with a dominant position in that market, such as that provided for in Paragraph 25 of the Law on Telecommunications (Telekommunikationsgesetz) of 25 July 1996, enacted by national law and preceding the regulatory framework resulting from those directives, together with administrative measures confirming that requirement, must be temporarily maintained.
   
      (1)  OJ C 212, 2.9.2006.