Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 20 March 2007 — Arcor AG & Co. KG v Bundesrepublik Deutschland

(Case C-152/07)

(2007/C 140/12)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Arcor AG & Co. KG

Defendant: Bundesrepublik Deutschland

Intervener: Deutsche Telekom AG

Questions referred

Are Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services (Competition Directive) (1) and 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) (Interconnection Directive) (2) to be interpreted as meaning that the national regulatory authority is precluded from requiring, in 2003, the operator of a network which is interconnected with a public local telecommunications network to pay a contribution to the market-dominant operator of the local network in order to compensate him for the deficit incurred as a result of providing the local loop?

If the answer to the first question is in the affirmative:

Is the incompatibility with Community law of such a requirement, which is a provision of domestic law, to be taken into account by the national court in proceedings concerning the approval of a contribution by the interconnected network operator?

(1)  OJ 1990 L 192, p. 10.

(2)  OJ 1997 L 199, p. 32.