Примери за използване на Regtp на Английски и техните преводи на Български
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Accordingly, the applicant submits that RegTP alone is responsible for the margin squeeze alleged by the Commission.
RegTP follows a similar reasoning in its decisions of 8 February 1999, 30 March 2001, 21 December 2001 and 11 April 2002.
The applicant refers in that regard to the decisions of RegTP of 30 March 2001 and 25 January 2002.
It was for RegTP, rather than the applicant, to ascertain whether the wholesale and retail prices were compatible with Article 82 EC.
The applicant nevertheless maintains that it did not have any responsibility under Article 82 EC, as RegTP had checked the compatibility of its charges with Article 82 EC beforehand.
In that context, RegTP checks whether the wholesale access charges proposed by the applicant satisfy the requirements laid down by Paragraph 24 of the TKG.
The Commission is wrong to find that the applicant has infringed Article 82 EC,because the applicant was simply complying with the binding decisions of RegTP, which gave rise to a legitimate expectation by the applicant.
On 15 January 2002, the applicant informed RegTP that it proposed to increase its monthly charges for analogue and ISDN lines by EUR 0.56.
RegTP should therefore refuse a retail price adjustment sought by the applicant if the prices contravene Article 82 EC, particularly because of an anticompetitive margin squeeze.
Next, it must be noted that the various decisions of RegTP to which the applicant refers in support of its case do not include any reference to Article 82 EC.
RegTP has opted in its pricing policy for a slight rebalancing of connection charges and call charges(decisions of RegTP of 21 December 2001 and of 11 April 2002).
CASE T-271/03 imposed on the applicant, in view of the fact not only that the charges are partially in accordance with the caselaw of the German courts(recital 193 to the Deutsche Post decision), butalso that they have been mandatorily fixed by RegTP.
The applicant observes that RegTP itself has concluded on several occasions since 1998 that there is no margin squeeze to the detriment of the applicant's competitors.
First, as far as narrowband connections are concerned(analogue and ISDN lines), the applicant explains that,under German law, all its retail prices had to be examined and approved in advance by RegTP or, before 1998, by the BMPT.
It is true that RegTP examined the issue of the margin squeeze in a number of its decisions, particularly those of 8 February 1999, 30 March 2001, 21 December 2001, 11 April 2002 and 29 April 2003.
Second, it must be noted that the provisions of the TKG in force since 1 August 1996 do not indicate that RegTP considers whether applications for the adjustment of retail charges for access to analogue or ISDN lines are compatible with Article 82 EC.
The fact that the applicant did not make any further applications to increase authorised charges between 1998 and2001 does not mean that the applicant can be held responsible for the level of charges set by RegTP and, therefore, for an alleged margin squeeze.
Following a number of complaints from competitors of the applicant, RegTP initiated a retrospective investigation of the applicant's ADSL prices in order to determine whether there was any practice of belowcost selling, contrary to the German rules on competition.
Under Paragraph 25(1) of the TKG,the applicant's wholesale access charges must be approved in advance by the Regulierungsbehörde für Telekommunikation und Post(German regulatory authority for telecommunications and post;‘RegTP').
As regards the intervention of RegTP in setting the applicant's tariffs, it must be borne in mind that, when the level of the penalty is set, the conduct of the undertakings concerned may be assessed in the light of the national legal framework.
The judgment fails to take into account,in the manner required by law, repeated examinations of the purported margin squeeze by the German regulatory authority for telecommunications and post(‘RegTP'), which was responsible at that time for regulating the appellant.
Accordingly, under Paragraphs 24 and 27 of the TKG, RegTP should ascertain- irrespective of compliance with the ceiling fixed for the basket in question- whether the charges requested have been set(without any justification) below the cost of efficient service provision or whether they contravene other legal provisions, particularly Article 82 EC.
The applicant does not dispute the statement in recitals 37 and 166 to the contested decision that, in the period from 1 January 1998to 31 December 2001, it lowered its telephone call charges by much more than the 4.3% and 5.6% reductions required by RegTP for the baskets as a whole.
However, in those decisions, having found a negative spread between the applicant's wholesale andretail prices, RegTP took the view in each case that other operators should be able to offer their endusers competitive prices by resorting to cross-sub-sidised charges for access services and call charges.
In view of the cap imposed by the decision of the BMPT of 17 December 1997, the applicant had to reduce the aggregate price for each of the two baskets by 4.3% in the period from 1 January 1998 to 31 December 1999 and,following the decision of RegTP of 23 December 1999, by 5.6% in the period from 1 January 2000 to 31 December 2001.
However, in its decisions, after finding the negative spread between the applicant's wholesale andretail prices, RegTP took the view in each case that other operators should be able to offer their endusers competitive prices by resorting to cross-subsidisation of access services and call services(see paragraphs 115 to 119 above).
It must be observed furthermore that, in its judgment of 10 February 2004 setting aside the judgment of the Oberlandesgericht Düsseldorf of 16 January 2002,the Bundesgerichtshof confirmed that‘the administrative examination procedure[undertaken by RegTP] does not preclude the possibility in practice of an undertaking submitting a charge by which it abuses its dominant position and obtains authorisation for it because the abuse is not revealed during the examination procedure'.
In support of its argument, the applicant refers however to Paragraph 27(3) of the TKG, under which RegTP is to examine the conformity of the requested adjustment of charges‘with… other legal provisions'(said by the applicant toinclude Article 82 EC) and to the various decisions of RegTP mentioned in paragraph 78 above in which the existence of a margin squeeze was investigated.