CELEX: C2005/315/05
Language: en
Date: 2005-12-10 00:00:00
Title: Judgment of the Court (Third Chamber) of  20 October 2005  in Joined Cases C-327/03 and C-328/03: References for a preliminary ruling from the Bundesverwaltungsgericht in Bundesrepublik Deutschland v ISIS Multimedia Net GmbH und Co. KG, and Others (Telecommunications services — Directive 97/13/EC — Article 11(2) — Charge for the allocation of new telephone numbers — Stock of numbers available free of charge to the undertaking succeeding the former monopoly)

10.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/3
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 20 October 2005
   in Joined Cases C-327/03 and C-328/03: References for a preliminary ruling from the Bundesverwaltungsgericht in Bundesrepublik Deutschland v ISIS Multimedia Net GmbH und Co. KG, and Others (1)
   
   (Telecommunications services - Directive 97/13/EC - Article 11(2) - Charge for the allocation of new telephone numbers - Stock of numbers available free of charge to the undertaking succeeding the former monopoly)
   (2005/C 315/05)
   Language of the case: German
   In Joined Cases C-327/03 and C-328/03: two references for a preliminary ruling under Article 234 EC from the Bundesverwaltungsgericht (Germany), made by decisions of 30 April 2003, received at the Court on 28 July 2003, in the proceedings between Bundesrepublik Deutschland and ISIS Multimedia Net GmbH und Co. KG, represented by ISIS Multimedia Net Verwaltungs GmbH (C-327/03), Firma O2 (Germany) GmbH und Co. OHG (C-328/03) — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J. Malenovský, S. von Bahr (Rapporteur), A. Borg Barthet and U. Lõhmus, Judges; D. Ruiz-Jarabo Colomer, Advocate General; M. Ferreira, Principal Administrator, for the Registrar, gave a judgment on 20 October 2005, the operative part of which is as follows:
   Article 11(2) of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services must be interpreted as precluding national legislation such as that at issue in the main proceedings which provides that a new operator on the telecommunications market is required to pay a charge in respect of the allocation of telephone numbers taking account of their economic value, even though a telecommunications undertaking having a dominant position on the same market took over free of charge the very large stock of numbers which were available to its predecessor, the former monopoly, and national law precludes retrospective payment of such a charge in respect of that stock.
   
      (1)  OJ C 251 of 18.10.2003.