VOL.
2011, 4(5)
C A S E C O M M E N T S
Is making the conclusion of contracts for the provision
of broadband internet access service conditional upon the conclusion
of a contract for telephone services prohibited?
Case comment to the preliminary ruling of...
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VOL.
2011, 4(5)
C A S E C O M M E N T S
Is making the conclusion of contracts for the provision
of broadband internet access service conditional upon the conclusion
of a contract for telephone services prohibited?
Case comment to the preliminary ruling of the Court of Justice
of 11 March 2010
Telekomunikacja Polska SA v President of Office of Electronic Communications
(Case C-522/08)
Facts
In its preliminary ruling delivered on 11 March 2010, the Court of Justice had
yet another opportunity, after the VTB-VAB and Galatea cases1, to express its views
on the legality of national legislation prohibiting combined sales (that is bundling
and tying).
The preliminary question arose in a dispute between Telekomunikacja
Polska SA (hereafter TP SA), the Polish incumbent telecoms operator, and the
UKE President (in Polish: Urząd Komunikacji Elektronicznej; herefater, UKE),
the Polish national regulatory authority (NRA) responsible for the telecoms field.
The original case concerned the conditi
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