BEREC Opinion on Phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case DE/2013/1500 Access to the public telephone network at a fixed location for residential and non-residential customers in Germany (withdrawal of obligations)

Document number: BoR (13) 175

Document date: 15-11-2013

Date of registration: 20-11-2013

Document type:
Author: BEREC

On 4 September 2013, the Commission registered a notification by the German Regulatory Authority, Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA), concerning the withdrawal of obligations in relation to one segment of the market for access to the public telephone network at a fixed location for residential and non-residential customers in Germany (market 1) under case number DE/2013/1500. On 4 October 2013, pursuant to Article 7a of the Framework Directive (Directive 2002/21/EC), the Commission informed BNetzA and the Body of European Regulators for Electronic Communications (BEREC) of 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 7a of the Framework Directive, on 15 November 2013 BEREC adopted the current opinion in relation to phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case DE/2013/1500, ‘Access to the public telephone network at a fixed location for residential and non-residential customers in Germany (withdrawal of obligations).