Although not related to telecom as such, the opinion of AG Jaaskinen gave yesterday could be of some interest for interpreting non-discrimination obligations in all types of network access.
The case relates to a contract whereby a Swiss company had been granted priority access to an electricity transmission line in return for investment in the construction costs. The AG concludes that such priority access amounts to discrimination contrary to Directive 2003/54.
However, since the contract was governed by an international agreement between Switzerland and Slovakia signed before Slovakia's accession to the EU, it cannot deprive the Swiss company of the priority access.
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