Keywords
Summary

Keywords

Approximation of laws - Interconnection of telecommunications networks - Directive 97/33 - Obligation imposed ex ante by the national authorities on an operator having significant power on the market to allow other operators access to the local subscriber loop and offer them interconnection at local and higher-level switching centres - Permissibility

(Parliament and Council Directive 97/33, Arts 4(2) and 9(2))

Summary

$$Articles 4(2) and 9(2) of Directive 97/33 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) must be interpreted as not precluding the Member States from authorising national regulatory authorities to impose on an operator having significant power on the market the ex ante obligation to allow other operators access to the local subscriber loop and offer them interconnection at local and higher-level switching centres.

( see para. 37 and operative part )