A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux)

KPN is an undertaking which provides telecommunication services within the Netherlands. According to the Dutch Telecommunications Act, KPN had to ensure the availability of at least one public pay telephone in every residential dwelling zone of more than 5000 inhabitants. As KPN wished to replace the existing public pay telephones by new ones which included advertisement panels, KPN contacted several municipalities in order to conclude the necessary arrangements. Certain municipalities signed agreements with KPN for the placement of new public pay telephones. The advertisement panels within public pay telephones had to be exploited by undertaking "H". JC Decaux is an

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux), 5 October 2006, e-Competitions October 2006, Art. N° 12627

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