Brussels, 16/10/2014 (Agence Europe) - On Tuesday 15 October, the European Commission decided to refer Belgium to the European Court of Justice (ECJ) because it believes Belgian law does not guarantee the independence of the national telecoms regulator.
According to EU rules for electronic communications, the national regulatory authorities responsible for market regulation and the resolution of disputes between undertakings shall act independently and not take or seek instructions in relation to the tasks assigned to them under national law implementing Community law. Under Belgian law, the Belgian Council of Ministers can under certain circumstances suspend decisions of the Belgian telecoms regulator, the Belgian Institute for Postal Services and Telecommunications (BIPT). Furthermore, the Institute must obtain the approval of its multiannual strategy by the Belgian Council of Ministers. The Commission considers that these elements limit the independence of the BIPT when implementing EU telecom rules and that this can have negative consequences for competition in the sector. Belgium has not adapted its national law despite a formal request by the Commission in April 2014 to guarantee the independence of its telecoms regulator. The Commission has therefore decided to refer the matter to the European Court of Justice. (IL)