21.3.2009   

EN

Official Journal of the European Union

C 69/18

1.

Does Community law permit the Member States to introduce a prohibition, directed at all undertakings providing telecommunication services, on making the conclusion of a service-provision contract contingent on the purchase of another service (combined sale) and, in particular, does a measure of this kind go beyond what is necessary to attain the objectives of the directives contained in the telecommunications package (Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (1); 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 (2); 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 (3); 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 (4))?

2.

If the first question is answered in the affirmative, is a national regulatory authority competent, in the light of Community law, to monitor compliance with the prohibition laid down in Article 57(1)(1) of the Ustawa — Prawo Telekomunikacyjne (Polish Law on Telecommunications) of 16 July 2004 (Dziennik Ustaw No 171, item 1800, as amended)?