28.4.2007   

EN

Official Journal of the European Union

C 95/34


Action brought on 14 March 2007 — Commission of the European Communities v Republic of Hungary

(Case C-148/07)

(2007/C 95/67)

Language of the case: Hungarian

Parties

Applicant: Commission of the European Communities (represented by: V. Bottka and K. Mojzesowicz, acting as Agents)

Defendant: Republic of Hungary

Form of order sought

declare that, by failing to eliminate the restrictions to the provision of cable television services imposed by Article 115(4) of Law I of 1996 on Radio and Television, the Republic of Hungary has failed to fulfil its obligations under Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (1);

order Republic of Hungary to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive into national law expired on 30 April 2004.

According to the Commission, the Republic of Hungary has failed to fulfil its obligations under Article 2(3) of Directive 2002/77/EC by restricting the right of cable television service providers to broadcast programmes so that in territorial coverage is no more than one third of the population.


(1)  OJ 2002 L 249, p. 21.