obligations which are most appropriate on a case-by-case basis.
Article 42. (Amended, SG No. 105/2011, effective 29.12.2011) (1) After conduct of a public
consultation according to the procedure established by Article 36 herein, the Commission shall transmit
the draft of a decision and the reasoning thereto to the European Commission, to the Body of European
Regulators for Electronic Communications and to the regulatory authorities of the Member States of the
European Union where:
1. the draft of a decision is related to the powers of the Commission referred to in Items 1 to 4 of
Article 30 herein or falls within the scope of Articles 160, 163 and Article 166 (3) herein, and
2. affects trade between the Member States of the European Union.
(2) In case no opinions are received from the European Commission, from the Body of European
Regulators for Electronic Communications and from the regulatory authorities of the Member States of
the European Union within one month after the date of transmittal of the draft of a decision referred to
in Paragraph (1), the Commission shall adopt a final decision.
(3) In adopting the decision referred to in Paragraph (1), the Commission shall take the utmost
account of the opinions of the European Commission, of the Body of European Regulators for
Electronic Communications and of the regulatory authorities of the Member States of the European
Union.
(4) The Commission shall transmit all final decisions to the European Commission and to the
Body of European Regulators for Electronic Communications.
Article 42a. (New, SG No. 105/2011, effective 29.12.2011) (1) By the draft of a decision referred
to in Article 42 (1) herein, the Commission may furthermore:
1. define a relevant market which differs from the markets defined in an applicable act of the
European Commission, or
2. designate an undertaking which, either individually or jointly with other undertakings, has
significant market power on a relevant market.
(2) In the cases under Paragraph (1), where the European Commission adopts an opinion according
to which the draft of a decision would affect trade between the Member States of the European Union,
would create barriers to the single market of the European Union, or if the European Commission has
serious doubts as to the compatibility of the draft of a decision with European Union law, the adoption
of the draft of a decision shall be postponed for a further two months.
(3) In case the European Commission lifts its reservations on the draft of a decision within the time
limit referred to in Paragraph (2), the Commission shall adopt a final decision and shall transmit the said
decision to the European Commission and to the Body of European Regulators for Electronic
Communications.
(4) In case the European Commission requires the Commission to withdraw the draft of a decision
within the time limit referred to in Paragraph (2), the Commission shall amend or withdraw the draft of
a decision within six months after the date of adoption of the decision by the European Commission.
(5) In case the Commission amends the draft of a decision, the procedures referred to in Articles
36 and 42 herein shall be conducted anew.
Article 42b. (New, SG No. 105/2011, effective 29.12.2011) (1) By the draft of a decision referred
to in Article 42 (1) herein, the Commission may impose obligations provided for in this Act or maintain,
amend or withdraw obligations already imposed.
(2) In case no opinions are received from the European Commission, from the Body of European
Regulators for Electronic Communications and from the regulatory authorities of the Member States of
the European Union within one month after the date of transmittal of the draft of a decision referred to
in Paragraph (1), the Commission shall adopt a final decision.
(3) In adopting the decision referred to in Paragraph (1), the Commission shall take the utmost
account of the opinions of the European Commission, of the Body of European Regulators for
Electronic Communications and of the regulatory authorities of the Member States of the European