Eircom Ltd v Commission for Communications Regulation

Subject Matter

EUROPEAN UNION — Electronic communications networks and services — Unfair burden on provider — National Regulatory Authority finding that net cost borne by sole provider of universal services in Ireland did not constitute unfair burden — Whether authority required to examine characteristics particular to operator, taking account of its situation relative to that of competitors in relevant market, when deciding whether operator having unfair burden — Parliament and Council Directive 2002/22/EC, arts 12, 13

(Case C-494/21); EU:C:2022:867; [2023] 4 WLR 40; [2022] WLR(D) 448, ECJ

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