The publication of the European Commission’s guidelines in an official language of a new Member State as a condition for their application Case comment to the order of the Polish Supreme Court of 3 September 2009 (Ref. No. III SK 16/091) to refer a preliminary question to the Court of Justice of the European Union (C-410/99 Polska Telefonia Cyfrowa sp. z o.o. v President of the Electronic Communications Office)

Abstract

The President of the Polish Office of Electronic Communication (hereafter, UKE) established by a decision issued on 17 July 2006 that the relevant service market for call termination in mobile telecommunications was not subject to effective competition. The operator Polska Telefonia Cyfrowa (hereafter, PTC) was declared to be an undertaking possessing significant market power on that market and thus subjected to regulatory obligations in order for PTC to provide services to other telecoms undertakings in that market.