Press Release: Telecoms: Commission takes legal action against Germany and Poland over failure to consult on price-control rules

The European Commission decided on 24 June 2010 to send a formal request to Germany to comply with its obligations under EU law to use the EU consultation mechanism when regulating mobile termination rates. These are the fees operators charge each other to connect a call between their networks and are included in each user's phone bill. Germany's telecoms regulator, the 'Bundesnetzagentur', did not consult the Commission or other national regulators, as required by EU law, on the level of its mobile termination rates. Without this consultation, there is a much higher risk that regulation of termination rates differs significantly among Member States, distorting competition in the Single Market for telecoms services. The Commission's request to Germany takes the form of a reasoned opinion under EU infringement procedures. On a similar issue, the Commission has decided to send a request for information to Poland concerning its telecoms regulator, Urząd Komunikacji Elektronicznej (UKE). The Commission is concerned that UKE may have circumvented the EU consultation mechanism and fixed the level of wholesale broadband access tariffs without prior consultation of stakeholders, the Commission or other national regulators. The information request takes the form of a letter of formal notice under EU infringement procedures.

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