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Document 62008CJ0545

Judgment of the Court (Third Chamber) of 6 May 2010.
European Commission v Republic of Poland.
Failure of a Member State to fulfil obligations - Electronic communications- Directives 2002/21/EC and 2002/22/EC - High-speed internet access provider - Obligation to obtain authorisation for the access tariffs to high-speed internet services and to fix those tariffs on the basis of the costs of the provision of such services - No market analysis.
Case C-545/08.

European Court Reports 2010 I-00053*

ECLI identifier: ECLI:EU:C:2010:249





Judgment of the Court (Third Chamber) of 6 May 2010 – Commission v Poland

(Case C‑545/08)

Failure of a Member State to fulfil obligations – Electronic communications – Directives 2002/21/EC and 2002/22/EC – High-speed internet access provider – Obligation to obtain authorisation for the access tariffs to high-speed internet services and to fix those tariffs on the basis of the costs of the provision of such services – No market analysis

1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see paras 25-26)

2.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – Exercise of that right not dependent on a specific interest in bringing an action (Art. 226 EC) (see para 30)

3.                     Approximation of laws – Telecommunications sector – Electronic communications networks and services – Legislative background – Directive 2002/21 – Universal service and users’ rights – Directive 2002/22 – Transitional arrangements (European Parliament and Council Directives 2002/21, Arts 16 and 27(1) and 2002/22, Arts 16 and 17) (see paras 46-50, 57-72, operative part)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 16 and 17 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51), and Articles 16 and 27 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33) – Imposing on an operator a requirement to obtain authorisation for the tariff for providing retail access services to high-speed internet without a market analysis having been carried out.

Operative part:

The Court:

1.

declares that, by regulating retail tariffs for access to high-speed internet without previously carrying out a market analysis, the Republic of Poland has failed to fulfil its obligations under Articles 16 in conjunction with 17 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) and Articles 16 and 27 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive);

2.

Orders the Republic of Poland to pay the costs.

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