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Case C-494/21: Judgment of the Court (Fifth Chamber) of 10 November 2022 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Eircom Limited v Commission for Communications Regulation (Reference for a preliminary ruling — Electronic communications networks and services — Universal service and users’ rights — Directive 2002/22/EC (Universal Service Directive) — Article 12 — Costing and financing of universal service obligations — Single universal service provider and multiple telecommunications services providers operating in the market — Determination as to whether an unfair burden exists)
ECLI:EU:UNKNOWN:62021CA0494
62021CA0494
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Official Journal of the European Union
C 7/11
(Case C-494/21)
(Reference for a preliminary ruling - Electronic communications networks and services - Universal service and users’ rights - Directive 2002/22/EC (Universal Service Directive) - Article 12 - Costing and financing of universal service obligations - Single universal service provider and multiple telecommunications services providers operating in the market - Determination as to whether an unfair burden exists)
(2023/C 7/13)
Language of the case: English
Referring court
Parties to the main proceedings
Plaintiff: Eircom Limited
Defendant: Commission for Communications Regulation
Notice parties: Vodafone Ireland Limited, Three Ireland (Hutchison) Limited, Three Ireland Services (Hutchison) Limited
Operative part of the judgment
Articles 12 and 13 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),
must be interpreted as requiring the competent national regulatory authority, in order to determine whether the net cost of universal service obligations represents an unfair burden on an operator entrusted with such obligations, to examine the characteristics particular to that operator, taking account of its situation relative to that of its competitors in the relevant market.
(1)
OJ C 431, 25.10.2021.