CELEX: 62009CJ0125
Failure of a Member State to fulfil obligations
Electronic communications networks and services
Directives 2002/21/EC and 2002/20/EC
Rights of way
Failure to transpose within the prescribed period

Failure of a Member State to fulfil obligations — Infringement of Article 11(1) 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) — Infringement of Article 4(1) of Directive 2002/20/EC of the European Parliament and of
the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)
(OJ 2002 L 108, p. 21) — Grant and authorisation of rights to install facilities on, over or under public or private property
in favour of an undertaking authorised to provide electronic communications networks.
Operative part
The Court:
1.
Finds that, by failing to ensure the grant of rights of way on, over or under public property on the basis of transparent
procedures, applied without discrimination and without delay, in accordance with Article 11(1) 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) and Article 4(1) of Directive 2002/20/EC of the European Parliament and of the
Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive),
the Republic of Cyprus has failed to fulfil its obligations under those directives;
2.
Orders the Republic of Cyprus to pay the costs