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Document 62013CN0493
Case C-493/13: Action brought on 12 September 2013 — European Commission v Republic of Estonia
Case C-493/13: Action brought on 12 September 2013 — European Commission v Republic of Estonia
Case C-493/13: Action brought on 12 September 2013 — European Commission v Republic of Estonia
OJ C 344, 23.11.2013, p. 48–49
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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23.11.2013 |
EN |
Official Journal of the European Union |
C 344/48 |
Action brought on 12 September 2013 — European Commission v Republic of Estonia
(Case C-493/13)
2013/C 344/84
Language of the case: Estonian
Parties
Applicant: European Commission (represented by: G. Braun, L. Nicolae and L. Naaber-Kivisoo, acting as Agents)
Defendant: Republic of Estonia
Form of order sought
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declare that, by failing to ensure, in the case of the Majandus- ja Kommunikatsiooniministeerium, effective structural separation of the regulatory function from activities associated with ownership or control of undertakings providing electronic communications networks and/or services, the Republic of Estonia has failed to fulfil its obligations under Article 3(2) 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; (1) |
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order the Republic of Estonia to pay the costs. |
Pleas in law and main arguments
The Commission considers that the Majandus- ja Kommunikatsiooniministeerium (Ministry of the Economy and Communications) is included in the scope of the concept of ‘national regulatory authority’ defined in Article 2(g) 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) and the provisions of Article 3 of the Framework Directive apply to it, especially in connection with the structural separation referred to in Article 3(2).
The Commission submits that in addition to regulatory tasks the Majandus- ja Kommunikatsiooniministeerium of the Republic of Estonia also carries out activity associated with the ownership or control of undertakings providing electronic communications networks and/or services. Effective structural separation of the two functions is not ensured, which is contrary to the requirements of Article 3(2) of the Framework Directive.