(Case C-494/21 Reference for a preliminary ruling from the High Court (Ireland) made on 11August 2021 – Eircom Limited v Commission for Communications Regulation
Fecha: 11-Ago-2021
Reference for a preliminary ruling from the High Court (Ireland) made on 11August 2021 – Eircom Limited v Commission for Communications Regulation
(Case C-494/21)
Language of the case: English
Referring court
High Court (Ireland)
Parties to the main proceedings
Applicant: Eircom Limited
Defendant: Commission for Communications Regulation
Notice parties: Vodafone Ireland Limited, Three Ireland (Hutchinson) Limited, Three Ireland Services (Hutchinson) Limited
Questions referred
In circumstances where:
the telecommunications market has been liberalised and there are multiple telecommunication services providers operating in the market;
one service provider (the “Universal Service Provider” or “USP”) has been selected by the National Regulatory Authority (“NRA”) to perform Universal Service Obligations (“USOs”);
it has been determined by the NRA that there is a positive net cost associated with the performance of the USOs (“USO Net Cost”); and
it has been determined by the NRA that the USO Net Cost is material compared to the administrative costs of the establishment of a sharing mechanism in respect of the USO Net Cost amongst participants in the market;
If the NRA is required, pursuant to its obligations under the Universal Services Directive 2002/221 , to consider whether the USO Net Cost is excessive in view of the ability of the USP to bear it, account being taken of all the USP's characteristics, in particular, the quality of its equipment, its economic and financial situation and its market share (as referred at para. 42 of Base) is it permissible under the Directives for the NRA to conduct that assessment by having regard exclusively to the characteristics/situation of the USP, or is it required to assess the characteristics/situation of the USP relative to its competitors in the relevant market?