Source: All England Reporter
Publisher Citation: [2007] All ER (D) 134 (Jun)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of the Chamber), Kuris (Rapporteur), Schiemann, Makarczyk and Bay Larsen

Judgment Dates: 14 June 2007

Catchwords

European Community - Telecommunications services - Networks and services - Common regulatory framework - Dominant undertaking - Obligation of interconnection with other operators - Transitional provisions - European Parliament and Council Directive (EC) 2002/19, art 7(1) - European Parliament and Council Directive (EC) 2002/21, art 27 - European Parliament and Council Directive (EC) 97/33.

The Case

European Community Telecommunications services. In accordance with the transitional provisions of European Parliament and Council Directive (EC) 2002-19 (on access to, and interconnection of, electronic communications networks and associated facilities)(the Access Directive) and European Parliament and Council Directive (EC) 2002-21 (on a common regulatory framework for electronic communications networks and services)(the Framework Directive), the Czech telecommunications regulatory authority was entitled to consider the obligation, on the part of a telecommunications company with significant market power within the meaning of European Parliament and Council Directive (EC) 97-33 (on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP)), as amended, to conclude a contract for the interconnection of its networks with that of another operator, subsequent to 1 May 2004 (the date of the Czech Republic's accession to the European Communities), within the context of the provisions of Directive 97-33, as amended.

Practice Areas

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