14.4.2007

Official Journal of the European Union

C 82/24

Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 15 February 2007 — Comisión del Mercado de las Telecomunicaciónes v Administración del Estado

(Case C-82/07)

(2007/C 82/44)

Language of the case: Spanish

Referring court

Tribunal Supremo (Spain)

Parties to the main proceedings

Appellant: Comisión del Mercado de las Telecomunicaciónes

Respondent: Administración del Estado

Questions referred

Do Article 3(2) and Article 10(1) of Directive 2002/21/EC (1), in conjunction with Recital 11, require Member States to allocate to separate authorities ‘regulatory functions ’on the one hand and ‘operational ’functions on the other, in relation to assigning national numbering resources and managing national numbering plans?

Where a Member State, on transposing Directive 2002/21/EC into its national law, has charged a specific authority with assigning national numbering resources and managing national numbering plans, may it at the same time reduce that authority's powers in that sphere, conferring them on other authorities or on its own State administration, with the result that management of those resources is in reality shared between various authorities?

(1) 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).