BEREC Opinion on Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case DE/2013/1527 Wholesale voice call termination on individual mobile networks (market 7) in Germany

On 6 November 2013, the Commission registered a notification by the German Regulatory Authority, Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA), concerning the imposition of remedies on spigate Wireless in the market for wholesale voice call termination on individual mobile networks in Germany (market 7) under case number DE/2013/1527.

On 28 November 2013, pursuant to Article 7a of the Framework Directive (Directive 2002/21/EC), the Commission expressed its serious doubts as to the compatibility of the proposed measure with EU law and communicated its reasons for considering that the draft measure would create a barrier to the internal market.

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 January 2014 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/2013/1527, Wholesale voice call termination on individual mobile networks in Germany (market 7).