5.8.2019

EN

Official Journal of the European Union

C 263/67

(Case T-370/19)

(2019/C 263/72)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. García-Valdecasas Dorrego, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the decision of the European Commission of 18 March 2019.

—order the Commission to pay the costs.

Pleas in law and main arguments

The present action is brought against the Commission Decision of 18 March 2019 on the participation of the National Regulatory Authority of Kosovo in the Body of European Regulators for Electronic Communications. (1)

In support of its action, the applicant relies on three pleas in law.

1.First plea, alleging infringement of Article 35 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009, (2) in so far as that article permits only the Board of Regulators, the working groups and the Management Board to be open to the participation of regulatory authorities of third countries.

2.Second plea, alleging infringement of Article 35 of Regulation (EU) 2018/1971, in so far as there is no agreement as to the Regulatory Authority of Kosovo’s participation in BEREC.

3.Third plea, alleging infringement of Article 35 of Regulation (EU) 2018/1971, in so far as the European Commission has deviated from the established procedure for participation of the regulatory authorities of third countries in BEREC. This also led to the adoption of a legal act with no legal basis whatsoever and created legal obligations in respect of third parties, without specific powers having been conferred to that effect.

(1) OJ 2019 C 115, p. 26.

(2) OJ 2018 L 321, p. 1.