CELEX: 62008CJ0545
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

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.