CELEX: 62008CJ0545
Language: en
Date: 2010-05-06 00:00:00
Title: 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.#Case C-545/08.

Judgment of the Court (Third Chamber) of 6 May 2010 – Commission v Poland
      (Case C‑545/08)
      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
      
      1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute
            – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of Justice, Art. 38(1)(c))
            (see paras 25-26)
      2.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – Exercise of that right
            not dependent on a specific interest in bringing an action (Art. 226 EC) (see  para 30)
      3.                     Approximation of laws – Telecommunications sector – Electronic communications networks and services – Legislative background
            – Directive 2002/21 – Universal service and users’ rights – Directive 2002/22 – Transitional arrangements (European Parliament
            and Council Directives 2002/21, Arts 16 and 27(1) and 2002/22, Arts 16 and 17) (see paras 46-50, 57-72, operative part)
      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: 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	declares that, by regulating retail tariffs for access to high-speed internet without previously carrying out a market analysis,
                     the Republic of Poland has failed to fulfil its obligations under Articles 16 in conjunction with 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.