Judgment of the Court (Fifth Chamber) of 26 April 2012—Commission v Cyprus(Case C‑125/09

Judgment of the Court (Fifth Chamber) of 26 April 2012—
Commission v Cyprus

(Case C‑125/09)

Failure of a Member State to fulfil obligations— Electronic communications networks and services— Directives 2002/21/EC and 2002/20/EC— Rights of way— Failure to transpose within the prescribed period

Acts of the institutions— Directives— Implementation by Member States— Necessity of clear, precise transposition— Telecommunications sector— Electronic communications networks and services— Directives 2002/20 and 2002/21— Member States obliged to guarantee the granting of rights of way on, over or under public property on the basis of transparent procedures applied without discrimination and without delay (European Parliament and Council Directives 2002/20, Art. 4(1), and 2002/21, Art. 11(1)) (see paras41, 42, operative part)

Re:

Failure of a Member State to fulfil obligations— Infringement of Article11(1) of Directive 2002/21/EC of the European Parliament and of the Council of 7March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L108, p.33)— Infringement of Article4(1) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p.21)— Grant and authorisation of rights to install facilities on, over or under public or private property in favour of an undertaking authorised to provide electronic communications networks.

Operative part

The Court:

1.

Finds that, by failing to ensure the grant of rights of way on, over or under public property on the basis of transparent procedures, applied without discrimination and without delay, in accordance with Article11(1) of Directive2002/21/EC of the European Parliament and of the Council of 7March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) and Article4(1) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), the Republic of Cyprus has failed to fulfil its obligations under those directives;

2.

Orders the Republic of Cyprus to pay the costs