CELEX: 62013CN0493
Language: en
Date: 2013-09-12 00:00:00
Title: Case C-493/13: Action brought on 12 September 2013 — European Commission v Republic of Estonia

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/48
            
         Action brought on 12 September 2013 — European Commission v Republic of Estonia
   (Case C-493/13)
   2013/C 344/84
   Language of the case: Estonian
   
      Parties
   
   
      Applicant: European Commission (represented by: G. Braun, L. Nicolae and L. Naaber-Kivisoo, acting as Agents)
   
      Defendant: Republic of Estonia
   
      Form of order sought
   
   
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               declare that, by failing to ensure, in the case of the Majandus- ja Kommunikatsiooniministeerium, effective structural separation of the regulatory function from activities associated with ownership or control of undertakings providing electronic communications networks and/or services, the Republic of Estonia has failed to fulfil its obligations under Article 3(2) 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; (1)
               
            
         
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               order the Republic of Estonia to pay the costs.
            
         
      Pleas in law and main arguments
   
   The Commission considers that the Majandus- ja Kommunikatsiooniministeerium (Ministry of the Economy and Communications) is included in the scope of the concept of ‘national regulatory authority’ defined in Article 2(g) 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 the provisions of Article 3 of the Framework Directive apply to it, especially in connection with the structural separation referred to in Article 3(2).
   The Commission submits that in addition to regulatory tasks the Majandus- ja Kommunikatsiooniministeerium of the Republic of Estonia also carries out activity associated with the ownership or control of undertakings providing electronic communications networks and/or services. Effective structural separation of the two functions is not ensured, which is contrary to the requirements of Article 3(2) of the Framework Directive.
   
      (1)  OJ 2002 L 108, p. 33.