EU Electronic Communications Code: Commission Refers 10 Member States to the Court of Justice of the EU

The European Electronic Communications Code brings the regulatory framework governing the European telecom sector up to date with the new challenges.

It came into force in December 2018 and the Member States had two years to implement its rules. Under Article 260(3) of the Treaty on the Functioning of the EU (TFEU), if a Member State fails to transpose a Directive adopted by the European Parliament and the Council into national law within the required deadline, the Commission may call on the Court of Justice of the European Union to impose financial sanctions.

Following the transposition deadline of the EU Electronic Communications Code on 21 December 2020, the Commission opened 24 infringement procedures by sending letters of formal notice on 4 February 2021 and sent reasoned opinions on 23 September 2021 to 18 Member States. To date, Spain, Croatia, Latvia, Lithuania, Ireland, Poland, Portugal, Romania, Slovenia, and Sweden have still not fulfilled their obligations under the Code to communicate to the Commission their national transposition measures, and as a result, the Commission has decided to refer these cases to the Court over their failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.

You can reach further information here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr