23.11.2013

EN

Official Journal of the European Union

C 344/48

(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

—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)

—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.

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