Judgment_paragraph 15 · i-21 Germany GmbH and Arcor AG & Co. KG v Bundesrepublik Deutschland (C-392/04, C-422/04)

15The national court, however, raises the question of the scope of Community law. It considers that Article 11(1) of Directive 97/13 seems to preclude legislation such as that at issue in the main proceedings. On the assumption that its interpretation of that provision is correct, the Bundesverwaltungsgericht then enquires as to whether that provision, read in conjunction with Article 10 EC concerning the obligation of loyal cooperation, fetters the regulatory authority's discretion having regard, inter alia, to Case C-453/00 Kühne & Heitz [2004] ECR I-837.

i-21 Germany GmbH and Arcor AG & Co. KG v Bundesrepublik Deutschland (C-392/04, C-422/04)

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