Luxembourg Urged To Simplify Access To Telecoms Markets

by Ulrika Lomas, for LawAndTax-News.com, Brussels

09 January 2007

Luxembourg has been asked by the European Commission to comply within two months with a Court of Justice ruling delivered in 2003 regarding access to its telecommunications markets.

The Court ruling confirmed that Luxembourg has failed to fully transpose the Directive concerning competition in the markets for telecommunication services into national law.

In particular, procedures for obtaining rights of way to roll out telecommunication networks alongside roads and railway lines in Luxembourg lack transparency.

The Commission considers that despite improvements to its legislation, Luxembourg has still not executed the judgment. It has therefore decided to send a request explaining which further steps Luxembourg needs to take to comply with the judgment. This request takes the form of a reasoned opinion, the second step of EC Treaty infringement procedures for failure to respect a Court ruling.

If Luxembourg continues to fail to comply, the Commission may refer the matter to the Court for a second time and request the Court to impose fines on Luxembourg until fully transparent procedures are in place.

Competition Commissioner Neelie Kroes stated on Monday that:

“Luxembourg must complete the long over-due adoption of transparent procedures for obtaining rights of way for telecommunications infrastructure alongside roads and railway lines. New market entrants need clear procedures to roll out their telecommunications networks."

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