Case C-64/06

Telefonica a.s., formerly Český Telecom a.s. v Czech On Line a.s.

(Reference for a preliminary ruling from the Obvodní soud pro Prahu 3)

(Electronic communications — Networks and services — Common regulatory framework — Dominant undertaking — Obligation of interconnection with other operators — Transitional provisions — Directive 97/33)

Opinion of Advocate General Ruiz-Jarabo Colomer delivered on 27 February 2007 I-4889 Judgment of the Court (Second Chamber), 14 June 2007 I-4903

Summary of the Judgment

1. Preliminary rulings — Jurisdiction of the Court — Limits (Art. 234 EC)

I - 4887 SUMMARY — CASE C-64/06

2. Approximation of laws — Electronic communications networks and services — Directives 2002/19 and 2002/21 — Transitional provisions (European Parliament and Council Directives 97/33, 2002/19 and 2002/21)

1. Provided that questions referred for 2. In accordance with the transitional preliminary ruling concern the inter­ provisions of Directive 2002/19 on pretation of Community law, the Court access to, and interconnection of, elec­ gives its ruling without, generally, having tronic communications networks and to look into the circumstances in which associated facilities, and of Directive national courts were prompted to sub­ 2002/21 on a common regulatory frame­ mit the questions and envisage applying work for electronic communications the provision of Community law which networks and services, the telecommu­ they have asked the Court to interpret. nications regulatory authority of a Mem­ ber State which joined the European Union on 1 May 2004 is entitled to consider the obligation, on the part of a telecommunications company with sig­ nificant market power within the mean­ ing of Directive 97/33 on interconnec­ tion in telecommunications with regard The matter would be different only if the to ensuring universal service and inter­ provision of Community law which was operability through application of the submitted for interpretation by the principles of Open Network Provision Court was not applicable to the facts of (ONP), as amended by Directive 98/61, the main proceedings, which had to conclude a contract for the inter­ occurred before the accession of a new connection of its networks with that of Member State to the European Union or another operator, subsequent to the if such provision was manifestly incap­ accession date of the Member State able of applying. concerned, within the context of the provisions of Directive 97/33, as amended.

(see paras 22, 23) (see para. 28, operative part)

I - 4888