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Case C-58/08: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 13 February 2008 — Vodafone Ltd, Telefónica O2 Europe plc, T-Mobile International AG, Orange Personal Communications Services Ltd v Secretary of State for Business, Enterprise and Regulatory Reform
ECLI:EU:UNKNOWN:62008CN0058
62008CN0058
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26.4.2008
Official Journal of the European Union
C 107/17
(Case C-58/08)
(2008/C 107/25)
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: Vodafone Ltd, Telefónica O2 Europe plc, T-Mobile International AG, Orange Personal Communications Services Ltd
Defendant: Secretary of State for Business, Enterprise and Regulatory Reform
Interested parties: Office of Communications, Hutchison 3G (UK) Limited
Intervener: GSM Association
Questions referred
1.Is Regulation (EC) No 717/2007 (1) invalid, in whole or in part, by reason of the inadequacy of Article 95 EC as a legal basis?
2.Is Article 4 of Regulation (EC) No 717/2007 (together with Articles 2(a) and 6(3) insofar as they refer to the Eurotariff and obligations relating to the Eurotariff) invalid on the grounds that the imposition of a price ceiling in respect of retail roaming charges infringes the principle of proportionality and/or subsidiarity?
Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC (OJ L 171, p. 32).