EN

Official Journal of the European Union

C 34/14

(Case C-536/14)

(2015/C 034/16)

Language of the case: French

Parties

Applicant: European Commission (represented by: J. Hottiaux and L. Nicolae, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

The applicant claims that the Court should:

—declare that:

—by failing to carry out and notify the analyses of markets 7 and 14 in Recommendation 2003/311/EC (1) and markets 1 and 6 in Recommendation 2007/879/EC (2) within three years from the adoption of previous measures concerning the markets in question, and by failing to notify a reasoned proposed extension to the time-limit to the Commission,

—and by failing to request BEREC’s assistance in completing the analyses of the markets in question,

the Grand Duchy has failed to fulfil its obligations under Article 16(6) and (7) of Directive 2002/21/EC (3) 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/EC (4) of the European Parliament and of the Council of 25 November 2009;

—order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

In the first place, the Commission complains that the Grand Duchy of Luxembourg has not carried out nor has it notified the analyses of markets 7 and 14 in Recommendation 2003/311/EC and markets 1 and 6 in Recommendation 2007/879/EC within three years from the adoption of previous measures concerning the markets in question.

In the second place, the Commission complains that the Grand Duchy of Luxembourg has not requested, within the time-limits set, BEREC’s assistance in completing the analyses of the specific markets and adopting the regulatory measures that are required.

(1) Commission Recommendation 2003/311/EC of 11 February 2003 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services (OJ 2003 L 114, p. 45).

(2) Commission Recommendation 2007/879/EC of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (OJ 2007 L 344, p. 65).

(3) OJ 2002 L 108, p. 33.

(4) OJ 2009 L 337, p. 37.