Judgment of the Court (Third Chamber) of 17 February 2011 (reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) (United Kingdom)) — The Number Ltd, Conduit Enterprises Ltd v Office of Communications, British Telecommunications plc

(Case C-16/10) (1)

(Approximation of laws - Telecommunications - Networks and services - Directive 2002/22/EC - Designation of undertakings to provide universal service - Specific obligations imposed on the designated undertaking - Directory enquiry services and directories)

2011/C 103/11

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Applicants: The Number Ltd, Conduit Enterprises Ltd

Defendants: Office of Communications, British Telecommunications plc

Re:

Reference for a preliminary ruling — Court of Appeal (England & Wales) (Civil Division) — Interpretation of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), 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) (OJ 2002 L 108, p. 33) and 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 108, p. 51) — Designation of undertakings to provide universal service — Specific obligations which may be imposed on the designated undertaking

Operative part of the judgment

Article 8(1) 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) permits Member States, where they decide to designate one or more undertakings under that provision to guarantee the provision of universal service, or different elements of universal service, as identified in Articles 4 to 7 and 9(2) of that same directive, to impose on such undertakings only the specific obligations, provided for in the directive, which are associated with the provision of that service, or elements thereof, to end-users by the designated undertakings themselves.

(1)  OJ C 63, 13.3.2010.