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 L108, 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. |