TELECOMS PACKAGE : THIRTEEN STATES FACE COURT ACTION.

The European Commission is seriously considering referring certain EU member states to the EU Court of Justice by May this year for failure to implement in time the new telecoms regulations adopted in December 2009 - more specifically Directives 2009/140/EC ( better regulation') and 2009/136/EC on citizens' rights(1). Thirteen member states are potentially concerned: Belgium, France, Hungary, Italy, Portugal, Romania, Slovenia, Spain, Cyprus, Germany, Greece, the Netherlands and Poland.

This is the last step of an infringement procedure that the Commission opened against 20 member states, on 19 July 2011, for failing to meet the 25 May 2011 transposition deadline of the two directives. By that date only seven member states had completely transposed the legislation (Denmark, Estonia, Finland, Ireland, Malta, the UK and Sweden).

On 24 November, the Commission took things to the next level by sending reasoned opinions to sixteen member states. Austria, Bulgaria and the Czech Republic have since conformed to the EU legislation. Thirteen countries are still in the hot seat. However, according to an EU source, some of them are likely to be spared since they are nearing complete transposition of both texts.

"If you care about promoting the interests of consumers, you must implement these rules. If you are serious about economic growth, you must implement these rules," Digital Agenda Commissioner Neelie Kroes commented.

In particular, this delay is causing difficulties with investments in new generation networks (very high-speed internet) since it creates legal uncertainty and is detrimental to consumer...