25.1.2016

Official Journal of the European Union

C 27/7

(Case C-536/15)

(2016/C 027/09)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellants: Tele2 (Netherlands) BV, Ziggo BV, Vodafone Libertel BV

Respondent: Autoriteit Consument en Markt (ACM)

Questions referred

1)Must Article 25(2) of Directive 2002/22/EC (1) be interpreted as meaning that requests should be understood to include a request from a company established in another Member State, which requests information for the purposes of the provision of publicly available telephone directory enquiry services and directories which are provided in that Member State and/or in other Member States?

2)If question 1 is answered in the affirmative: may a provider who makes telephone numbers available, and who is obliged under national legislation to request a subscriber’s consent prior to inclusion in standard telephone directories and standard directory enquiry services, differentiate in the request for consent on the basis of the non-discrimination principle according to the Member State in which the company requesting the information as referred to in Article 25(2) of Directive 2002/22/EC provides the telephone directory and directory enquiry service?

(1) Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51).