European Electronic Communications Code: EU Judgment in Case Case C-439/22 Commission v Ireland

Thursday 14th March 2024

Judgment in Case Case C-439/22 Commission v Ireland (European Electronic Communications Code)

(Approximation of laws)

Directive (EU) 2018/1972 establishing the European Electronic Communications Code (‘the Directive’) establishes a set of updated rules to regulate the internal market for very high capacity electronic communications (telecoms) networks, telecoms services, and associated facilities and services at EU level, including an efficient and effective management of the radio spectrum, spectrum authorizations and market access rules.

The directive had to be transposed and incorporated into the Member States’ national law by December 21, 2020: all internal laws, regulations and administrative rules necessary to comply with the directive should be adopted and communicated to the Commission by that date (Article 124 of the Directive).

Having received no communication from Ireland, the Commission sent a letter of formal notice on February 3, 2021 and a reasoned opinion on September 23, 2021, requesting Ireland to comply with it by November 23, 2021. A new deadline, following Ireland’s request for extension, was set for February 23, 2022.

On July 5, 2022, the Commission lodged the present action for failure.

Background Documents C-439/22