Judgment_paragraph 40 · Eircom Limited v Commission for Communications Regulation (C-494/21)

40In the absence of any specific provision in this regard in the Universal Service Directive, it falls to the NRA to lay down general and objective criteria which make it possible to determine the thresholds beyond which – taking account of the characteristics mentioned in the preceding paragraph – a burden may be regarded as unfair. However, the NRA cannot find that the burden of providing universal service is unfair, for the purpose of Article 13 of that directive, unless it carries out an individual assessment of the situation of each undertaking concerned in the light of those criteria (judgment of 6 October 2010, Base and Others, C‑389/08, EU:C:2010:584, paragraph 43).