Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61983J0041
Název:
Title: 		JUDGMENT OF THE COURT OF 20 MARCH 1985. ITALIAN REPUBLIC V COMMISSION OF THE EUROPEAN COMMUNITIES. ABUSE OF A DOMINANT POSITION (ARTICLE 86) - PUBLIC UNDERTAKINGS (ARTICLE 90) - INTERNATIONAL AGREEMENTS (ARTICLE 234) - ARTICLE 222 - ARTICLE 190 OF THE TREATY. CASE 41/83.
Publikace:
Publication:		REPORTS OF CASES 1985 PAGES 0873 - 0892
Předmět (klíčová slova):
Keywords		COMPETITION;RULES APPLYING TO UNDERTAKINGS;DOMINANT POSITION;EXTERNAL RELATIONS;
Související předpisy:
Corresponding acts:		382D0861
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. THE MANAGEMENT, BY AN UNDERTAKING HAVING THE STATUS OF A NATIONALIZED INDUSTRY, OF PUBLIC TELECOMMUNICATION EQUIPMENT AND ITS PLACING OF SUCH EQUIPMENT AT THE DISPOSAL OF USERS ON PAYMENT OF A FEE AMOUNTS TO A BUSINESS ACTIVITY WHICH AS SUCH IS SUBJECT TO THE OBLIGATIONS IMPOSED BY ARTICLE 86 OF THE TREATY. COMPRISED WITHIN THAT ACTIVITY, AND THEREFORE SUBJECT TO REVIEW IN THE LIGHT OF ARTICLE 86 OF THE TREATY, IS THE AUTONOMOUS EXERCISE OF RULE-MAKING POWERS STRICTLY LIMITED TO THE FIXING OF TARIFFS AND THE CONDITIONS UNDER WHICH SERVICES ARE PROVIDED FOR USERS.

2.AN UNDERTAKING HOLDING A STATUTORY MONOPOLY ON THE MANAGEMENT OF TELECOMMUNICATIONS NETWORKS INFRINGES ARTICLE 86 OF THE TREATY WHEN IT PROHIBITS THE ACTIVITIES OF PRIVATE MESSAGE-FORWARDING AGENCIES HANDLING INTERNATIONAL TELECOMMUNICATION TRAFFIC, UNLESS IT IS SHOWN THAT SUCH AGENCIES ARE ABUSING THE PUBLIC NETWORKS. THE EMPLOYMENT OF NEW TECHNOLOGY CONSTITUTING TECHNICAL PROGRESS IN CONFORMITY WITH THE PUBLIC INTEREST CANNOT BE REGARDED AS AN ABUSE.

3.PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 173 OF THE TREATY, MEMBER STATES MAY, BY MEANS OF AN APPLICATION FOR ANNULMENT, CHALLENGE ANY MEASURE ADOPTED BY THE COMMISSION IN THE FORM OF A REGULATION OR AN INDIVIDUAL DECISION AND MAY, IN SO DOING, PLEAD THE INFRINGEMENT OF ANY STIPULATION IN THE TREATY IN SUPPORT OF THEIR CLAIMS. IT FOLLOWS THAT A MEMBER STATE MAY, IN SUPPORT OF SUCH AN APPLICATION, PLEAD AN INFRINGEMENT BY THE COMMISSION OF ARTICLE 90 (2) OF THE TREATY, THE OBSERVANCE OF WHICH THE COMMISSION IS REQUIRED TO ENSURE, EVEN IF THE UNDERTAKING AFFECTED BY THE APPLICATION OF THAT PROVISION COMES UNDER THE AUTHORITY OF ANOTHER MEMBER STATE.

4.THE STATEMENT OF THE REASONS ON WHICH A DECISION HAVING ADVERSE EFFECT IS BASED MUST ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PARTY CONCERNED WITH DETAILS SUFFICIENT TO ALLOW THAT PARTY TO ASCERTAIN WHETHER OR NOT THE DECISION IS WELL-FOUNDED. THE REQUIREMENT OF A STATEMENT OF REASONS MUST BE VIEWED IN THE CONTEXT OF THE CIRCUMSTANCES OF THE CASE, AND IN PARTICULAR THE CONTENT OF THE MEASURE IN QUESTION, THE NATURE OF THE REASONS RELIED ON AND THE INTEREST WHICH ADDRESSEES, OR OTHER PERSONS TO WHOM THE MEASURE IS OF DIRECT AND INDIVIDUAL CONCERN, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, MAY HAVE IN OBTAINING EXPLANATIONS.

Plný text judikátu (Entire text of the Judgment):