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.

Subject of the case

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

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.