Official Journal of the European Union

C series

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C/2025/2842

(Case C-164/25, Telekom Slovenije)

(C/2025/2842)

Language of the case: Slovenian

Referring court

Parties to the main proceedings

Applicant: T – 2 družba za ustvarjanje, razvoj in trženje elektronskih komunikacij in opreme d.o.o.

Defendant: TELEKOM SLOVENIJE, d.d.

Questions referred

Must 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 (<span class="oj-super oj-note-tag">1</span>) – and in particular the phrase ‘without prejudice to the possibility of any party to refer the case to a court’, in the second subparagraph of Article 3(5) of that directive – be interpreted as precluding national legislation under which a network operator has the right to submit a request for the settlement of a dispute concerning access to existing physical infrastructure either before the dispute settlement body or before an ordinary court? Further, if the first question is answered in the negative:

Must the second subparagraph of Article 3(5) 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, in the light of the principles of equivalence and effectiveness and Article 47 of the Charter of Fundamental Rights of the European Union, as precluding a national procedural rule under which dispute settlement proceedings before the national dispute settlement body are discontinued in the event that one of the parties, in the course of the dispute settlement proceedings before that body, institutes proceedings with the same subject matter before the competent court?

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(1) OJ 2014 L 155, p. 1.

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ELI: http://data.europa.eu/eli/C/2025/2842/oj

ISSN 1977-091X (electronic edition)

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