Opinion of the Advocate General — ECLI:EU:C:1998:561
Date: 1998-11-19
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Summary of the Judgment
Approximation of laws — Satellite communications — Directive 94/46 — Implementation by the
Member States — Where the provisions of national law lay down a general legal framework —
No implementing provisions — Not sufficient
(Commission Directive 94/96, Art. 2(2)(b))
A Member State which lays down the outline
provisions and general rules governing the
establishment and operation of satellite com­
munications, from the making of the declara­
tion up to the allocation of frequencies and
the grant of licences, but which has not
adopted provisions governing the implemen­
tation of those procedures and, in particular,
the detailed procedures whereunder satellite
communications operators can obtain licences,
or the level of fees and duties payable by
operators, has not adopted all the laws, regu-
I-1181
SUMMARY — CASE C-59/98
lations and administrative provisions neces­
sary to comply with Directive 94/46 on satel­
lite communications and, in particular, with
Article 2(2)(b) thereof pursuant to which
Member States must communicate the criteria
on the basis of which authorisations are
granted, together with the conditions attached
to such authorisations and to the declaration
procedures for the operation of transmitting
earth stations.
I-1182