| Publisher Citation: | [2010] All ER (D) 27 (Dec) |
| Court: | Court of Justice of the European Union (Fourth Chamber) |
| Judge: | Judges Bonichot (Rapporteur) (President of the Chamber) Toader, Schiemann, Kuris and Bay Larsen |
| Judgment Dates: | 6 October 2010 |
Catchwords
European Union - Electronic communications - National regulatory authority - National legislature acting as national regulatory authority - Networks and services - Costing of universal service obligations - Social component of universal service - Financing of universal service obligations - Determination of whether an 'unfair burden' exists - Parliament and Council Directive (EC) 2002/22, arts 12, 13.
The Case
European Union Electronic communications. In the course of proceedings concerning an action brought by the application for annulment of provisions of Belgian law on electronic communications which lay down, inter alia, the conditions according to which the compensation was to be determined for the charges described as 'unfair' incurred because of universal service obligations by operators providing public telephone services, the European Court of Justice gave a preliminary ruling concerning the interpretation of art12 of Parliament and Council Directive (EC) 2002-22 (on universal service and users' rights relating to electronic communications networks and services).
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