«(Telecommunications – Mobile telecommunications services – Article 5a(3) of Directive 90/387/EEC – Appeal to an independent body against a decision of the national regulatory authority – Articles 82 EC and 86(1) EC – Article 2(3) and (4) of Directive 96/2/EC – Articles 9(2) and 11(2) of Directive 97/13/EC – Allocation to a public undertaking in a dominant position which holds a licence to provide digital mobile telecommunications services according to the GSM 900 standard of additional frequencies in the frequency band reserved for the DCS 1800 standard without imposing a separate fee)»
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(Art. 10 EC; Council Directive 90/387, Art. 5a(3))
(Arts 82 EC and 86(1) EC)
(Commission Directive 92/2, Art. 2(3) and (4))
(Directive 97/13/EC of the European Parliament and of the Council, Arts 9(2) and 11(2))
JUDGMENT OF THE COURT (Fifth Chamber)
22 May 2003 (1)
((Telecommunications – Mobile telecommunications services – Article 5a(3) of Directive 90/387/EEC – Appeal to an independent body against a decision of the national regulatory authority – Articles 82 EC and 86(1) EC – Article 2(3) and (4) of Directive 96/2/EC – Articles 9(2) and 11(2) of Directive 97/13/EC – Allocation to a public undertaking in a dominant position which holds a licence to provide digital mobile telecommunications services according to the GSM 900 standard of additional frequencies in the frequency band reserved for the DCS 1800 standard without imposing a separate fee))
In Case C-462/99, REFERENCE to the Court under Article 234 EC by the Verwaltungsgerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between Connect Austria Gesellschaft für Telekommunikation GmbHand
Telekom-Control-Kommission ,intervener: Mobilkom Austria AG , on the interpretation of Article 5a(3) of Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (OJ 1990 L 192, p. 1), as amended by Directive 97/51/EC of the European Parliament and of the Council of 6 October 1997 (OJ 1997 L 295, p. 23); of Article 2(3) and (4) of Commission Directive 96/2/EC of 16 January 1996 amending Directive 90/388/EEC with regard to mobile and personal communications (OJ 1996 L 20, p. 59); of Articles 9(2) and 11(2) of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (OJ 1997 L 117, p. 15); and of Articles 82 EC and 86(1) EC,THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Connect Austria Gesellschaft für Telekommunikation GmbH, represented by A. Foglar-Deinhardstein, Rechtsanwalt, and P. Hoffmann; of Telekom-Control-Kommission, represented by W. Schramm; of Mobilkom Austria AG, represented by P. Lewisch; of the Austrian Government, represented by T. Kramler, acting as Agent; and of the Commission, represented by C. Schmidt, at the hearing on 11 October 2001,
after hearing the Opinion of the Advocate General at the sitting on 13 December 2001,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
in answer to the questions referred to it by the Verwaltungsgerichtshof by order of 24 November 1999, hereby rules:
Edward |
La Pergola |
Jann |
R. Grass |
M. Wathelet |
Registrar |
President of the Fifth Chamber |