# C_2006297EN.01005201.xml

| 7.12.2006 | EN | Official Journal of the European Union | C 297/52 |
| --- | --- | --- | --- |

7.12.2006

EN

Official Journal of the European Union

C 297/52

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 29 June 2006

in Joined Cases E-5/05, E-6/05, E-7/05, E-8/05 and E-9/05

EFTA Surveillance Authority v the Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services — Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) — 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) — 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) — 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))

(Failure by a Contracting Party to fulfil its obligations — Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services — Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) — 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) — 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) — 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))

(2006/C 297/19)

In Joined Cases E-5/05, E-6/05, E-7/05, E-8/05 and E-9/05, EFTA Surveillance Authority v the Principality of Liechtenstein — APPLICATIONS for a declaration that, by failing to adopt, within the time-limit prescribed, or to notify the EFTA Surveillance Authority of the adoption of, the measures necessary to implement the Acts referred to at respectively point 13a of Annex XIV and points 5cj, 5ck, 5cl and 5cm of Annex XI to the EEA Agreement, i.e. Commission Directive 2002/77/EC of 16 September 2002 and Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC of the European Parliament and of the Council of 7 March 2002, as adapted to the EEA Agreement by Protocol 1 thereto and the sectoral adaptations contained in Annex XIV and XI to that Agreement, the Principality of Liechtenstein has failed to fulfil its obligations under those Acts and under Article 7 of the EEA Agreement, the Court, composed of: Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur), Judges, gave judgment on 29 June 2006, the operative part of which is as follows:

| 1. | Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement the Acts referred to at respectively point 13a of Annex XIV (also listed, for information purposes, at point 5cg of Annex XI) and points 5cj, 5ck, 5cl and 5cm of Annex XI to the EEA Agreement, i.e. Commission Directive 2002/77/EC of 16 September 2002 and Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC of the European Parliament and of the Council of 7 March 2002, as adapted to the EEA Agreement by Protocol 1 thereto and the sectoral adaptations contained in Annex XIV and XI to that Agreement, the Principality of Liechtenstein has failed to fulfil its obligations under those Acts and under Article 7 of the EEA Agreement. |
| --- | --- |

1.

Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement the Acts referred to at respectively point 13a of Annex XIV (also listed, for information purposes, at point 5cg of Annex XI) and points 5cj, 5ck, 5cl and 5cm of Annex XI to the EEA Agreement, i.e. Commission Directive 2002/77/EC of 16 September 2002 and Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC of the European Parliament and of the Council of 7 March 2002, as adapted to the EEA Agreement by Protocol 1 thereto and the sectoral adaptations contained in Annex XIV and XI to that Agreement, the Principality of Liechtenstein has failed to fulfil its obligations under those Acts and under Article 7 of the EEA Agreement.

Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement the Acts referred to at respectively point 13a of Annex XIV (also listed, for information purposes, at point 5cg of Annex XI) and points 5cj, 5ck, 5cl and 5cm of Annex XI to the EEA Agreement, i.e. Commission Directive 2002/77/EC of 16 September 2002 and Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC of the European Parliament and of the Council of 7 March 2002, as adapted to the EEA Agreement by Protocol 1 thereto and the sectoral adaptations contained in Annex XIV and XI to that Agreement, the Principality of Liechtenstein has failed to fulfil its obligations under those Acts and under Article 7 of the EEA Agreement.

| 2. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

---