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))
Date: 2006-06-29
Institutions: EFTA Court
Subjects: EFTA Court, Liechtenstein, action for failure to fulfil an obligation, communications systems, competition, electronic mail, regulation of telecommunications, systems interconnection, transmission network

C 297/52

EN

Official Journal of the European Union

7.12.2006

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))

(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 Direc-
tives 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 adapta-
tions 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 informa-
tion 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.