Brussels, 08/01/2007 (Agence Europe) - The European Commission has formally granted Luxembourg two months to regularise its situation concerning access to its telecommunication services market, in line with the judgment of the Court of Justice of 12 June 2003 (case C-97/01). In the press release, the Commission stresses that a lack of transparency remains in the procedure to obtain rights to roll out telecommunication networks alongside roads and railway lines in Luxembourg, which runs counter to directive 90/388/EEC on competition in this sector. If Luxembourg does not react within this time, the Commission may bring the matter before the Court for a second time, to ask it to impose sanctions.
The liberalisation of the telecommunications sector is based on the notion of competition between networks. This implies that newcomers can obtain the necessary authorisations (rights of way) to implement their own infrastructure, which is an expensive process requiring rigorous planning. Newcomers therefore need clear procedures and timescales in order to be able to establish their planning. The Member States are bound by the directive in question to make this information available.
Luxembourg is not the only country to have attracted the attention of the Commission in this matter: France and Portugal have also been subjected to infringement proceedings for similar reasons. However, both of these countries brought in measures to respond to the requirements of the Commission and of the Court, unlike Luxembourg. The changes made by Luxembourg to its legislation (Grand-Ducal regulation of 8 June 2008 and law of 8 June 2002 and, subsequently, a new law on electronic communications) did not go far enough to resolve the lack of transparency. For this reason, the Commission decided, on 8 January, to send a reasoned opinion to the Luxembourg authorities. If they still do not come into line with the Court ruling, the Commission may ask the Court to impose penalties on Luxembourg (or a fine, or indeed both), until new, entirely transparent procedures have been adopted. (cd)