Criminal proceedings against Annick Neny, nee Taillandier. (Competition) [1993] EUECJ C-92/91 (27 October 1993)

Criminal proceedings against Annick Neny, nee Taillandier. (Competition) [1993] EUECJ C-92/91 (27 October 1993)

Article 6 of Directive 88/301/EEC precludes national rules requiring type-approval or equivalent compliance documents from a body that is not independent from operators in the telecommunications sector, including directorates within a single authority.

Source-derived case information.

Citation
[1993] EUECJ C-92/91
Parties
Defendant: Mrs Neny, née Taillandier; Respondent: French Government
Jurisdiction
European Union
Judgment Date
27 October 1993
Procedural Posture
Criminal Proceedings / Preliminary Ruling Referral
Outcome
preliminary ruling issued
Legal Topics
Interpretation of Directive 88/301/eec, Type Approval of Telecommunications Equipment, Independence of Regulatory Bodies
European Union Law Competition Law Telecommunications Law Interpretation of Directive 88/301/eec Type Approval of Telecommunications Equipment Independence of Regulatory Bodies

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Parties

Mrs Neny, née Taillandier

Defendant

French Government

Respondent

Procedural Posture

Criminal Proceedings / Preliminary Ruling Referral

Legal Issues

  1. 1 Does Directive 88/301/EEC preclude national rules requiring type-approval by a non-independent body for telecommunications terminal equipment?
  2. 2 Are French postal and telecommunications authorities considered undertakings under EU law?
  3. 3 Does the independence criterion in Article 6 of Directive 88/301/EEC apply to directorates within a single authority?

Ratio Decidendi

Article 6 of Directive 88/301/EEC precludes national rules requiring type-approval or equivalent compliance documents from a body that is not independent from operators in the telecommunications sector, including directorates within a single authority.

Court Disposition

preliminary ruling issued

Orders

  • Article 6 of Directive 88/301/EEC precludes national rules requiring type-approval by a non-independent body for telecommunications terminal equipment.