Judgment_paragraph 36 · Base NV and Others v Ministerraad (C-389/08)

36It must be stated that, although the second subparagraph of Article 12(1) and Annex IV to Directive 2002/22 lay down the rules for calculating the net costs of the provision of universal service where the national regulatory authorities have considered that such provision may represent an unfair burden, it is not apparent either from Article 12(1) or from any other provision of the directive that the Community legislature itself intended to prescribe the conditions in which those authorities are to consider, as a preliminary matter, that/whether the provision of universal service may represent an unfair burden.

Base NV and Others v Ministerraad (C-389/08)

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