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Case C-243/21: Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 14 April 2021 — TOYA Sp. z o.o., Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej
ECLI:EU:UNKNOWN:62021CN0243
62021CN0243
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19.7.2021
EN
Official Journal of the European Union
C 289/25
(Case C-243/21)
(2021/C 289/35)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicants: TOYA Sp. z o.o., Polska Izba Informatyki i Telekomunikacji
Defendant: Prezes Urzędu Komunikacji Elektronicznej
Questions referred
1.Must Article 8(3) of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities, read in conjunction with Article 3(5) and Article 1(3) and (4) of Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks be interpreted as precluding a national regulatory authority from imposing on an operator which owns physical infrastructure and is at the same time a provider of publicly available electronic communications services or networks, but has not been designated as having significant market power, the obligation to apply the conditions for access to that operator’s physical infrastructure determined ex ante by that authority, including the rules and procedures for entering into contracts and the applicable access fees, irrespective of the existence of a dispute over access to that operator’s physical infrastructure and the existence of effective competition in the market?
Alternatively (version II):
2.Must Article 67(1) and (3) read in conjunction with Article 68(2) and (3) of Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code, read in conjunction with Article 3(5) and Article 1(3) and (4) of Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks be interpreted as precluding a national regulatory authority from imposing on an operator which owns physical infrastructure and is at the same time a provider of publicly available electronic communications services or networks, but has not been designated as having significant market power, the obligation to apply the conditions for access to that operator’s physical infrastructure determined ex ante by that authority, including the rules and procedures for entering into contracts and the applicable access fees, irrespective of the existence of a dispute over access to that operator’s physical infrastructure and the existence of effective competition in the market?
(1) OJ 2002 L 108, p. 7.
(2) OJ 2014 L 155, p. 1.
(3) OJ 2018 L 321, p. 36.