BEREC Opinion on Phase II investigation pursuant to Article 7 (3) of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case AT/2013/1442 Wholesale terminating segments of leased lines (Market 6) in Austria

On 3 April 2013, the Commission registered a notification by the Austrian Regulatory Authority, Rundfunk und Telekom Regulierungs-GmbH (RTR), concerning the wholesale terminating segments of leased lines (Market 6) under case number AT/2013/1442.

On 3 May 2013, pursuant to Article 7 of the Framework Directive (Directive 2002/21/EC), the Commission informed RTR and the Body of European Regulators for Electronic Communications (BEREC) of its reasons for considering that the draft measure would create a barrier to the internal market and communicated its serious doubts as to compatibility of the proposed measure with EU law.

In that respect, as required by Article 3(1)(a) of the BEREC Regulation (Regulation (EC) № 1211/2009) and in relation with Article 7 and 7a of the Framework Directive, on the 3 June 2013 BEREC adopted the current opinion in relation to phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC on Case AT/2013/1442 “Wholesale terminating segments of leased lines”.