Asunto C-277/16: Sentencia del Tribunal de Justicia (Sala Segunda) de 20 de diciembre de 2017 (petición de decisión prejudicial planteada por el Sąd Najwyższy — Polonia) — Polkomtel sp. z o.o. / Prezes Urzędu Komunikacji Elektronicznej (Procedimiento prejudicial — Marco regulador común de las redes y los servicios de comunicaciones electrónicas — Directiva 2002/21/CE — Artículos 8 y 16 — Directiva 2002/19/CE — Artículos 8 y 13 — Operador que tiene un peso significativo en un mercado — Control de precios — Obligaciones impuestas por las autoridades nacionales de reglamentación — Obligación de orientación de los precios en función de los costes — Precios fijados en un nivel inferior a los costes contraídos por el operador en cuestión para la prestación del servicio de terminación de llamadas vocales en redes móviles — Carta de los Derechos Fundamentales de la Unión Europea — Artículo 16 — Libertad de empresa — Proporcionalidad)
Sección: | información judicial |
Emisor: | Tribunal de Justicia de las Comunidades Europeas |
26.2.2018 ES Diario Oficial de la Unión Europea C 72/13
Lengua de procedimiento: polaco
Sąd Najwyższy
Demandante: Polkomtel sp. z o.o.
Demandada: Prezes Urzędu Komunikacji Elektronicznej
con intervención de: Krajowa Izba Gospodarcza Elektroniki i Telekomunikacji
1) El artículo 8, apartado 4, y el artículo 13 de la Directiva 2002/19/CE del Parlamento Europeo y del Consejo, de 7 de marzo de 2002, relativa al acceso a las redes de comunicaciones electrónicas y recursos asociados, y a su interconexión (Directiva acceso), deben interpretarse en el sentido de que, cuando a un operador que tiene un peso significativo en un determinado mercado una autoridad nacional de reglamentación le impone una obligación de determinar sus precios en función de los costes, esa autoridad nacional de reglamentación puede, con el fin de fomentar la eficacia y la competencia sostenible, fijar los precios de los servicios objeto de tal obligación por debajo de los costes soportados por dicho operador para prestarlos, si esos costes son superiores a los de un operador eficaz, lo que corresponde verificar al órgano jurisdiccional nacional.
2) El artículo 8, apartado 4, y el artículo 13, apartado 3, de la Directiva 2002/19, en relación con el artículo 16 de la Carta de los Derechos Fundamentales de la Unión Europea, deben interpretarse en el sentido de que una autoridad nacional de reglamentación puede obligar a un operador que tiene un peso significativo en un determinado mercado y que está sujeto a una obligación de orientar los precios en función de los costes a fijar anualmente sus...
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