CELEX: C2007/283/33
Language: en
Date: 2007-11-24 00:00:00
Title: Case C-419/07: Action brought on 12 September 2007 — Commission of the European Communities v Kingdom of Sweden

24.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/18
            
         Action brought on 12 September 2007 — Commission of the European Communities v Kingdom of Sweden
   (Case C-419/07)
   (2007/C 283/33)
   Language of the case: Swedish
   Parties
   
      Applicant: Commission of the European Communities (represented by: K. Mojzesowicz and V. Bottka, acting as Agents)
   
      Defendant: Kingdom of Sweden
   Form of order sought
   
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               Declare that, by failing correctly to implement Article 2 of Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (1) (the Competition Directive), the Kingdom of Sweden has failed to fulfil its obligations thereunder;
            
         
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               order the Kingdom of Sweden to pay the costs.
            
         Pleas in law and main arguments
   The digital broadcasting licences issued by the Swedish Government are State measures which, inter alia, regulate the use of digital broadcasting services and thus indirectly the supply of such services in the Kingdom of Sweden. The requirement in the currently valid licences that the licence holder is to comply with section 2 of the cooperation agreement indirectly gives the State company Boxer a monopoly for access control services (including encryption), contrary to Article 2(1) of the Competition Directive. The retention of the obligation to comply with that section of the cooperation agreement thus prevents undertakings interested in offering a complete range of digital broadcasting services from enjoying the rights which Article 2(2) and (3) is intended to guarantee to them. The Commission therefore notes that Sweden has failed correctly to implement the Competition Directive in its national legal order with regard to digital transfer and broadcasting services over the terrestrial network.
   
      (1)  OJ 2002 L 249, p. 21.