Judgment of the Court (Third Chamber) of 6 May 2010 — European Commission v Republic of Poland

(Case C-545/08) (1)

(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)

(2010/C 179/11)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: A. Nijenhuis and K. Mojzesowicz, acting as Agents)

Defendant: Republic of Poland (represented by: M. Dowgielewicz and M. Szpunar, acting as Agents)

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 of the judgment

The Court:

1.

By regulating retail tariffs for access to high-speed internet without carrying out a prior market analysis, the Republic of Poland has failed to fulfil its obligations 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) 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.

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(1)  OJ C 82 of 4.4.2009