CELEX: 62008CA0545
Language: en
Date: 2010-05-06 00:00:00
Title: Case C-545/08: Judgment of the Court (Third Chamber) of 6 May 2010 — European Commission v Republic of Poland (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)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/8
            
         Judgment of the Court (Third Chamber) of 6 May 2010 — European Commission v Republic of Poland
   (Case C-545/08) (1)
   
   (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)
   2010/C 179/11
   Language of the case: Polish
   
      Parties
   
   
      Applicant: European Commission (represented by: A. Nijenhuis and K. Mojzesowicz, acting as Agents)
   
      Defendant: Republic of Poland (represented by: M. Dowgielewicz and M. Szpunar, acting as Agents)
   
      Re:
   
   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 of the judgment
   
   The Court:
   
               1.
            
            
               By regulating retail tariffs for access to high-speed internet without carrying out a prior market analysis, the Republic of Poland has failed to fulfil its obligations 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) 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.
            
         
      (1)  OJ C 82 of 4.4.2009