«(Telecommunications – Mobile telecommunications services – Article 5a(3) of Directive 90/387/EEC – Appeal to an independent body against a decision of the national regulatory authority – Articles 82 EC and 86(1) EC – Article 2(3) and (4) of Directive 96/2/EC – Articles 9 (2) and 11 (2) of Directive 97/13/EC – Allocation to a public undertaking in a dominant position which holds a licence to provide digital mobile telecommunications services according to the GSM 900 standard of additional frequencies in the frequency band reserved for the DCS 1800 standard without imposing a separate fee)»
JUDGMENT OF THE COURT (Fifth Chamber)22 May 2003 (1)
((Telecommunications – Mobile telecommunications services – Article 5a(3) of Directive 90/387/EEC – Appeal to an independent body against a decision of the national regulatory authority – Articles 82 EC and 86(1) EC – Article 2(3) and (4) of Directive 96/2/EC – Articles 9 (2) and 11 (2) of Directive 97/13/EC – Allocation to a public undertaking in a dominant position which holds a licence to provide digital mobile telecommunications services according to the GSM 900 standard of additional frequencies in the frequency band reserved for the DCS 1800 standard without imposing a separate fee))
and
THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Connect Austria Gesellschaft für Telekommunikation GmbH, represented by A. Foglar-Deinhardstein, Rechtsanwalt, and P. Hoffmann; of Telekom-Control-Kommission, represented by W. Schramm; of Mobilkom Austria AG, represented by P. Lewisch; of the Austrian Government, represented by T. Kramler, acting as Agent; and of the Commission, represented by C. Schmidt, at the hearing on 11 October 2001,
after hearing the Opinion of the Advocate General at the sitting on 13 December 2001,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
Edward
La Pergola
Jann
R. Grass M. Wathelet
Registrar
President of the Fifth Chamber