Judgment of the Court (Second Chamber) of 14 June 2007 (reference for a preliminary ruling from the Obvodní soud pro Prahu 3 — Czech Republic) — Telefónica O2 Czech Republic as, formerly Český Telecom as v Czech On Line as

(Case C-64/06) (1)

(Electronic communications - Networks and services - Common regulatory framework - Dominant undertaking - Obligation of interconnection with other operators - Transitional provisions - Directive 97/33)

(2007/C 183/18)

Language of the case: Czech

Referring court

Obvodní soud pro Prahu 3 — Czech Republic

Parties to the main proceedings

Applicant: Telefónica O2 Czech Republic as, formerly Český Telecom as

Defendant: Czech On Line as

Re:

Preliminary ruling — Obvodní soud pro Prahu 3 (Czech Republic) — Interpretation of provisions of 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 (Access Directive) (OJ 2002 L 108, p. 7) and 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) — Obligation imposed by the national regulatory authority on an undertaking with significant power in the telecommunications market to conclude a contract with another operator on the interconnection of networks, following an administrative procedure which took place for the most part before accession to the EU and was not preceded by a market analysis procedure

Operative part of the judgment

In accordance with the transitional provisions of 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, the ‘Access Directive’) and of 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 (the ‘Framework Directive’), the Český telekomunikační úřad [Czech telecommunications regulatory authority] was entitled to consider the obligation, on the part of a telecommunications company with significant market power within the meaning of Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP), as amended by Directive 98/61/EC of the European Parliament and of the Council of 24 September 1998, to conclude a contract for the interconnection of its networks with that of another operator, subsequent to 1 May 2004, within the context of the provisions of Directive 97/33, as amended.

(1)  OJ C 121, 20.5.2006.