22.6.2015

Official Journal of the European Union

C 205/3

(Case C-376/13)(*1)

((Failure to fulfil obligations - Electronic communications networks and services - Directives 2002/20/EC, 2002/21/EC and 2002/77/EC - Rights of use of the terrestrial digital television broadcasting radio spectrum - Public procurement procedure - Criteria for selection of tenderers - Proportionality - Special rights))

(2015/C 205/04)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: G. Braun, L. Malferrari and G. Koleva, acting as Agents)

Defendant: Republic of Bulgaria (represented by: D. Drambozova, E. Petranova and J. Atanasov, acting as Agents)

Operative part of the judgment

The Court:

1.Declares that, by restricting, by virtue of Paragraph 5a(1) and (2) of the transitional and final provisions of the Law on electronic communications (Zakon za elektronnite saobshteniya), to two the number of undertakings to which a right of use of the terrestrial digital broadcasting radio spectrum may be allocated and to which a permit to supply corresponding electronic communications services may be issued, the Republic of Bulgaria has failed to fulfil its obligations under Article 2(1) of Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services;

2.Declares that, by prohibiting, by virtue of Articles 47a(1) and (2) and 48(3) of the Law on electronic communications, providers of televisual content whose programmes are not broadcast in Bulgaria and persons connected therewith from participating in the public procurement procedure for the award of rights of use of the terrestrial digital broadcasting radio spectrum and to provide corresponding services, the Republic of Bulgaria has failed to fulfil its obligations under Article 7(3) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009; Article 9(1) 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), as amended by Directive 2009/140, and Article 2(2) and 4(2) of Directive 2002/77;

3.Declares that, by prohibiting, by virtue of Article 48(5) of the Law on electronic communications, successful tenderers for the rights of use of the terrestrial digital broadcasting radio spectrum from establishing electronic communication networks for the broadcast of radio and television programmes, the Republic of Bulgaria has failed to fulfil its obligations under Article 7(3) of Directive 2002/20, as amended by Directive 2009/140; Article 9(1) of Directive 2002/21, as amended by Directive 2009/140, and Articles 2(2) and 4(2) of Directive 2002/77;

4.Orders the Republic of Bulgaria to pay the costs.

(*1) OJ C 252, 31.8.2013.