The case against Poland withdrawn from the ECJ - UKE

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The case against Poland withdrawn from the ECJ


2008-04-01

The European Commission has withdrawn from the European Court of Justice the case against Poland concerning the lack of a comprehensive directory and a directory enquiry service covering all fixed and mobile subscribers.

In its complaint to the European Court of Justice filed on 11 October 2006, the European Commission pointed out Poland’s failure to provide at least one comprehensive directory and a directory enquiry service. Both the directory and a directory enquiry service should cover all fixed and mobile subscribers. Poland was therefore under the threat of fines for the infringement of Directive 2002/22/EC on universal service and users’ rights relating to electronic communications services. The transposition deadline for this Directive lapsed on 30 April 2004.

In January 2008, the Polish administration informed the Commission that one comprehensive directory had been available in Poland and a comprehensive directory enquiry service covering 98% of all subscribers of 71 operators had been provided since the end of 2007. Both services, under a decision issued by the President of UKE on 14 July 2006 (partially amended by a decision of 25 September 2006 and a decision of 12 November 2007), are provided by Telekomunikacja Polska S.A.

   

Comprehensive directory and a directory enquiry service

Thanks to regular updates and last data on the subscribers of publicly available telecommunications services being submitted by providers (operators of fixed and mobile networks) to the database intended for the provision of a comprehensive directory and a directory enquiry service, it was possible to launch a comprehensive directory service by Telekomunikacja Polska S.A. starting from the end of 2007. It is possible to say now that the process of transferring the data necessary for the provision of the above-mentioned services was completed and the first comprehensive directory covering all subscribers of publicly available telecommunications services will be published in the first half of 2008.

In November 2007, TP published a comprehensive directory covering the subscribers of publicly available telecommunications services of those providers operating in Poland who by 31 July 2007 had submitted the data on their subscribers for publication. The directory was issued in an electronic form on CDs and DVDs.

The President of UKE agreed with the telecommunications undertakings on the following model for the provision of a comprehensive directory. The providers submit the data for the purposes of a comprehensive directory free of charge. The costs related to the publication of a comprehensive directory are covered by revenues from advertisements placed in the directory. This should enable that a comprehensive directory is provided to the subscribers of all telecommunications providers free of charge based on their orders.

   

In addition, TP published on its website a schedule for the publication of a comprehensive directory in 2008-2009. The publication of a comprehensive directory was spread out over two years due to:

  • the fact that TP was obliged to publish a comprehensive directory in a printed and electronic form, i.e. on CDs or DVDs,
  • limited publishing capabilities, in particular concerning a printed directory.

   

The directory published by TP will be available in three different options, including the subscribers of:

  • major cities (56) – printed form,
  • regions, in general corresponding to voivodships (18) - CD,
  • the entire country (two editions in 2008 and in 2009) – DVD.

   

Due to the fact that the previous directory was published in November 2007 and distributed among the subscribers between December 2007 and January 2008, the process of collecting subscriber orders for a comprehensive directory will be launched in April-May 2008.

   

Withdrawal of the case from the ECJ

Having been assured by Poland of its full compliance with the provisions of the Directive concerning the comprehensive directory and directory enquiry services, on 28 February 2008,  the European Commission made a decision to withdraw the case from the European Court of Justice. Poland was officially notified thereof on 14 March 2008.

   

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