Since the regulatory framework for electronic communications entered into force in 2002, the European Commission (EC) has opened ninety-five infringement proceedings against the twenty-seven Member States of the European Union (EU), including Bulgaria and Romania, for failures to comply with the rules. These proceeding have been instigated under Article 226 of the European Community Treaty which provides for recourse to the European Court of Justice in the event that a Member State fails to fulfil its obligations and does not present justification.
These cases - the vast majority of which have now been closed, with only ten still pending - arise from such issues as the independence of the national regulatory authority (NRA), the designation of the universal service provider, the financing of the universal service and market analysis.
Portugal is among the Member States which have recently faced proceedings. One of them arose from the fact that Portugal still has not launched a public consultation on the universal service designation process, while the second case is connected to the special rights (golden share) that the Portuguese State maintains in Portugal Telecom (PT).
A third case arose from Portugal's failure to notify the Commission of the first telecoms market reviews. This case has now been closed, following due notification.
Further information:
- New round of infringement proceedings under the EU telecoms rules: What are the issues? http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/67&type=HTML&aged=0&language=EN&guiLanguage=en
- Free movement of capital: Commission refers Portugal to the European Court of Justice over special rights held by the State/public entities in Portugal Telecom http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/120&format=HTML&aged=0&language=EN&guiLanguage=en
- Consolidated versions of the Treaty on EU and of the Treaty establishing the European Community http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en00010331.pdf
Related information on ANACOM's website:
- Electronic communications - regulatory framework https://www.anacom.pt/render.jsp?categoryId=60209
