CELEX: C2006/281/38
Language: en
Date: 2006-11-18 00:00:00
Title: Case C-366/06: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 8 September 2006 — DNA Verkot Oy

18.11.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/24
            
         Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 8 September 2006 — DNA Verkot Oy
   (Case C-366/06)
   (2006/C 281/38)
   Language of the case: Finnish
   Referring court
   Korkein hallinto-oikeus
   Parties to the main proceedings
   
      Applicant: DNA Verkot Oy
   
      Other parties: Sonera Mobile Networks Oy, Viestintävirasto
   Questions referred
   
               1.
            
            
               Must Article 4(1) on the right of appeal of Directive 2002/21/EC (1) 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) be interpreted in such a way that a telecommunications undertaking must be considered to have a right of appeal against a decision in which the view is taken that a competitor of the telecommunications undertaking concerned does not have significant market power status?
            
         
               2.
            
            
               If the answer to Question 1 is affirmative, an answer to the following question is requested:
               Does the requirement in Article 4(1) of Framework Directive 2002/21/EC with regard to taking into account the facts of the case and an effective appeal mechanism mean that a national court may examine the facts of the case, make a legal evaluation, and give judgment in the case, without the Commission's decision under Article 7(4) of the Framework Directive and its reasoning in respect of a market analysis restricting the jurisdiction of the national court?
            
         
      (1)  OJ L 108, p. 33.