25.8.2014

Official Journal of the European Union

C 282/7

(Case C-556/12) (<span class="super">1</span>)

((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/19/EC - Article 2(a) - Access to and use of specific network elements and associated facilities - Articles 5, 8, 12 and 13 - Competence of the national regulatory authorities - Obligation relating to access to and use of specific network elements and associated facilities - Undertaking with significant market power on a specific market - Drop cable connecting the distribution frame of the access network to the network termination point at the end-user’s premises - Proportionality of the obligation to meet reasonable requests for access to and use of specific network elements and associated facilities - Directive 2002/21/EC - Article 8 - Policy objectives for the carrying out of the tasks of the national regulatory authorities))

2014/C 282/09

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: TDC A/S

Defendant: Teleklagenævnet

Operative part of the judgment

1)Articles 2(a), 8 and 12 of 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), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as meaning that the national regulatory authority has the power to impose on an electronic communications operator that has significant market power on a specific market, pursuant to the obligation to meet reasonable requests for access to, and use of, specific network elements and associated facilities, an obligation to install, at the request of competing operators, a drop cable not exceeding 30 metres in length connecting the distribution frame of an access network to the network termination point at the end-user’s premises, as long as that obligation is based on the nature of the problem identified, proportionate and justified in the light of the objectives set out in Article 8(1) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), as amended by Directive 2009/140, which is a matter for the referring court to verify.

2)Articles 8 and 12 of Directive 2002/19, as amended by Directive 2009/140, read in conjunction with Article 13 of Directive 2002/19, must be interpreted as meaning that a national regulatory authority, when minded to require an electronic communications operator that has significant market power on a specific market to install drop cables for the purpose of connecting the end-user to a network, has to take into account the initial investment made by the operator concerned and the existence of a price control that makes it possible to recover the costs of installation.

(<span class="super">1</span>) OJ C 38, 9.2.2013.