9.2.2013

Official Journal of the European Union

C 38/13

(Case C-556/12)

2013/C 38/16

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: TDC A/S

Defendant: Teleklagenævnet

Questions referred

1.Does the definition of ‘access’ in Article 2(a) of the Access Directive (1) cover access in the form of the installation of drop cables between the distribution point in an access network and the terminating segment at the end-user’s premises? Does it make a difference in answering the question that the maximum length of such drop cables is 30 metres?

2.Is the installation of a drop cable over a distance of up to 30 metres between the distribution point in an access network and the terminating segment at the end user’s premises covered by the phrase ‘access to, and use of, specific network elements and associated facilities’ in Article 12 of the Access Directive, ref. Article 2 and Article 8?

3.Is it relevant for the answer to question 1 and question 2, where the access obligation takes the form of a requirement, for example, to install drop cables between the distribution point in an access network and the terminating segment at an end-user’s premises, that the owner of an electronic communications network must undertake investment which considerably exceeds the acquisition cost of the electronic communications network to which access must be provided?

4.Is it relevant for the answer to question 3 that the owner is able to recover the costs of installing the drop cables through an imposed price control obligation?

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 (Access Directive) (OJ 2002 L 108, p. 7)