Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 17 May 2016 — Polkomtel Sp. z o.o. v Prezes Urzędu Komunikacji Elektronicznej

(Case C-277/16)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Appellant: Polkomtel Sp. z o.o.

Respondent: Prezes Urzędu Komunikacji Elektronicznej

Questions referred

(1)    Must Article 13, in conjunction with Article 8(4), of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), ¹ in its original version, be interpreted as meaning that, where an obligation for cost orientation of prices is imposed on an operator with significant market power, the national regulatory authority may, in order to promote efficiency and sustainable competition, set the price for the service covered by that obligation below the level of the costs of supplying that service that are incurred by the operator, verified by the national regulatory authority and regarded as costs attributable to that service?

(2)    Must Article 13(3), in conjunction with Article 8(4), of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), in its original version, in conjunction with Article 16 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the national regulatory authority may impose on an operator obliged to orientate prices to costs an obligation to set the price annually on the basis of the most up-to-date data on costs and submit the price thus set, together with a cost justification, to the national regulatory authority for verification before that price becomes applicable in trade?

(3)    Must Article 13(3) of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), in its original version, in conjunction with Article 16 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the national regulatory authority may request the operator required to orientate prices to costs to adjust the price only where that operator first sets the amount of the price independently and starts to apply it, or also where the operator applies the price at the amount set previously by the national regulatory authority but it follows from the cost justification for the subsequent reporting period that the price set previously by the national regulatory authority is above the level of costs incurred by the operator?

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¹ OJ 2002 L 108, p. 7.