CELEX: C2006/022/17
Language: en
Date: 2006-01-28 00:00:00
Title: Case C-426/05: Reference for a preliminary ruling from the Verwaltungsgerichtshof by order of that court of  22 November 2005  in Tele2 UTA Telecommunication GmbH v Telekom-Control-Kommission

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/9
            
         Reference for a preliminary ruling from the Verwaltungsgerichtshof by order of that court of 22 November 2005 in Tele2 UTA Telecommunication GmbH v Telekom-Control-Kommission
   (Case C-426/05)
   (2006/C 22/17)
   Language of the case: German
   Reference has been made to the Court of Justice of the European Communities by order of the Verwaltungsgerichtshof of 22 November 2005, received at the Court Registry on 1 December 2005, for a preliminary ruling in the proceedings between Tele2 UTA Telecommunication GmbH and Telekom-Control-Kommission on the following questions:
   
               1.
            
            
               Are Articles 4 and 16 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) (‘Directive 2002/21/EC’) to be interpreted as meaning that the term ‘parties affected’ includes undertakings operating as competitors on the relevant market in respect of which specific obligations are not imposed, maintained or amended?
            
         
               2.
            
            
               In the event that the first question is answered in the affirmative, does Article 4 of Directive 2002/21/EC preclude a national provision which provides that only the undertaking in respect of which specific obligations are imposed, amended or withdrawn has the status of a party to market analysis proceedings?