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Case C-389/08: Reference for a preliminary ruling from the Grondwettelijk Hof (Belgium) lodged on 8 September 2008 — Base NV, Euphony Benelux NV, Mobistar NV, Uninet International NV, T2 Belgium NV and KPN Belgium NV v Ministerraad, other party: Belgacom NV
ECLI:EU:UNKNOWN:62008CN0389
62008CN0389
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Official Journal of the European Union
C 285/27
(Case C-389/08)
(2008/C 285/44)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Base NV, Euphony Benelux NV, Mobistar NV, Uninet International NV, T2 Belgium NV and KPN Belgium NV
Defendant: Ministerraad
Question referred
Can Article 12 of 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) be interpreted as allowing the competent legislature of a Member State, acting in the capacity of the national regulatory authority, to determine generally and on the basis of the calculation of the net costs of the universal service provider — previously the sole provider — that the provision of universal service may represent an ‘unfair burden’ for those undertakings designated as universal service providers?
(<span class="super">1</span>) OJ 2002 L 108, p. 51.