Failure of a Member State to fulfil obligations - Electronic communications - CASELEX:EU:2009:153
Failure of a Member State to fulfil obligations – Electronic communications – Directive 2002/19/EC – Directive 2002/21/EC – Directive 2002/22/EC – Networks and services – National rules – New market
The principle of non-regulation of new markets and the prioritisation of the objectives introduced in the German Telecommunications Act 2004 were incompatible with the common regulatory framework for electronic communications. Therefore, the Federal Republic of Germany had failed to fulfil its obligations under Article 8(4) of the Access Directive 2002/19/EC, Articles 6 to 8(1) and (2), 15(3) and 16 of the Framework Directive 2002/21/EC, and Article 17(2) of the Universal Service Directive 2002/22/EC.
Legal issue
Were the principle of non-regulation of new markets and the prioritisation of the objectives introduced in the German Telecommunications Act compatible with the common regulatory framework for electronic communications, namely with the Framework Directive, the Access Directive and the Universal Service Directive?
European Court of Justice Judgement
By its application, the Commission of the European Communities seeks a declaration that, by adopting Paragraphs 3(12b), and 9a of the Law on Telecommunications, of 22 June 2004, (Telekommunikationsgesetz, BGBl. 2004 I, p. 1190) (‘the TKG’), introduced by the Law amending the provisions on telecommunications (Gesetz zur Änderung telekommunidationsrechtlicher Vorschriften) of 18 February 2007 (BGBl. 2007 I, p. 106), the Federal Republic of Germany has failed to fulfil its obligations under Article 8(4) of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Articles 6 to 8(1) and (2), 15(3) and 16 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), and Article 17(2) 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).
Further details of Case C-424/07 - Caselex
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