Official Journal of the European Union

C 153/25

(Case C-143/09)

2009/C 153/46

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicant: Pannon GSM Tavközlesi Rt.

Defendant: Nemzeti Hírközlési Hatóság Tanácsának Elnöke

Questions referred

(1) On the basis of Community law, in particular, the Act of Accession (OJ 2003 L 236) and Articles 10 and 249 EC, does Directive 2002/22/EC (1) of the European Parliament and the Council (‘the Universal Service Directive’), and in particular Article 13(2) thereof and Annex IV thereto, apply to the mechanisms for support and cost-sharing which Hungary, as a Member State, established for universal services provided in 2003, that is to say, before its accession on 1 May 2004, but in respect of which the obligation to finance, grant and pay support is based on decisions adopted in administrative procedures commenced and completed after the accession of Hungary to the European Union?

(2) If Question (1) is answered in the affirmative, should the Universal Service Directive, and in particular Article 13(2) thereof and Annex IV thereto, be interpreted as meaning that a universal service provider is entitled to payment of support in an amount equivalent to the difference between the subscription prices of the preferential and the normal tariff packages it offers?

(3) If Question (2) is answered in the negative, should support for the financing of a universal service, the amount of which is not calculated in accordance with the Universal Service Directive but on the basis of costs which are higher than its net value, be considered to be State aid compatible with the common market within the meaning of Article 87(1) EC?

(4) On a proper construction of the provisions of the Universal Service Directive, may transitional measures be adopted by a Member State, applying, only in respect of universal services provided in 2003, that is, before accession, different rules from those of the Universal Service Directive, even if they allow the adoption of decisions on the operation of the support and cost-sharing mechanism based on such rules and, in particular, of decisions on contributions and payments of support, which are — effectively — unlimited in time?

(5) Should the provisions of the Universal Service Directive relating to financing, in particular the last sentence of Article 13(2) and the provisions of Annex IV, be interpreted as meaning that they have direct effect?

(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 102, p. 51 — 77; Special edition in Hungarian, Chapter 13, Volume 29, p. 367 — 393.