The Brussels Court of Appeal highlights the Member States’ margin of discretion as regards the method of financing the universal service obligation in the postal and telecommunication sectors (Belgacom / IBPT)

Background Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJEC L 108, 24 April 2002, pp. 51-77) provides that national regulatory authorities (hereinafter “NRAs”) shall calculate the net cost of the universal service obligation when they consider that the provision of the universal service may represent an unfair burden on the undertakings designated to provide it. This directive also provides that the net cost of the universal service obligation may be shared amongst providers of electronic communication networks and services. The decision under appeal in both judgments was adopted on 17 may 2005 by the BIPT (Belgian

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • UGGC (Brussels)

Quotation

Jacques Derenne, Thibault Balthazar, The Brussels Court of Appeal highlights the Member States’ margin of discretion as regards the method of financing the universal service obligation in the postal and telecommunication sectors (Belgacom / IBPT), 21 June 2007, e-Competitions June 2007, Art. N° 13998

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