Wednesday, 1 May 2013

AG delivers Opinion in UPC Nederland case

AG Pedro Cruz Villalón, delivered his Opinion (in french and greek), in case C-518/11, according to which he proposes that UPC's activities in the cable sector, to the extent that conveyance of signal is involved, do fall into the scope of the Electronic Communications Regulatory Framework. The AG, is of the opinion also, that the Gemeente Hilversum (the local municipality that sold its cable infrastrucure to UPC, incorporating in the sale contact a price control term) even if it qualified, according to the Framework's Direcitve criteria, for an NRA, the procedure that the said Directive prescribes for imposing a price control remedy was not followed. Thus, the price control conctractual term breaches the Regulatory Framework. The AG then continues to state that even though he views a priori that the price control contractual term does not qualify for a measure pursuing a general interest objective under Art. 1 para 3 of the Framework Direcive, which provides for deviation from the Framework, he proposes that the Court should refer the case to the National Court to examine whether the said contractual term qualifies for a measure pursuing a general interest objective or if Art. 106(2) TFEU may be applied.