Judgment of the Court (Fourth Chamber) of 5 June 2019 (request for a preliminary ruling from the cour d’appel de Bruxelles — Belgium) — Skype Communications Sàrl v Institut belge des services postaux et des télécommunications (IBPT)

(Case C-142/18) (1)

(Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/21/EC - Article 2(c) - Notion of ‘electronic communications service’ - Transmission of signals - Voice over Internet Protocol (VoIP) service to fixed or mobile telephone numbers - SkypeOut service)

(2019/C 263/15)

Language of the case: French

Referring court

Cour d’appel de Bruxelles

Parties to the main proceedings

Applicant: Skype Communications Sàrl

Defendant: Institut belge des services postaux et des télécommunications (IBPT)

Operative part of the judgment

Article 2(c) 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 (Framework Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as meaning that the provision, by a software publisher, of a feature offering a Voice over Internet Protocol (VoIP) service which allows the user to call a fixed or mobile number covered by a national numbering plan from a terminal via the public switched telephone network (PSTN) of a Member State constitutes an ‘electronic communications service’ within the meaning of that provision, provided that, first, the software publisher is remunerated for the provision of that service and, second, the provision of that service involves the conclusion of agreements between that software publisher and telecommunications service providers that are duly authorised to send and terminate calls to the PSTN.

(1)  OJ C 161, 7.5.2018.