(AGENPARL) - Roma, 17 Gennaio 2023

(AGENPARL) – mar 17 gennaio 2023 Dear All,
Please find attached press release in respect of Case C-632/20 P :
The Court annuls the Commission’s decision allowing Kosovo to participate in the Body of European Regulators for Electronic Communications
However, that annulment is unrelated to the fact that Kosovo is not recognised as a sovereign State by the European Union and by several Member States
Kind regards,
Anna Rizzardi
Trainee
Press and Information Unit
Communication Department
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Testo Allegato:
Communications Directorate

Press and Information Unit

curia.europa.eu

PRESS RELEASE No 11
/23

Luxembourg, 17 January 2023

Judgment of the Court in Case C
–
632/20

P |
Spain v

Commission

The Court annuls the Commission’s decision
allowing

Kosovo
to

participate
in the
Body of European Regulators for Electronic Communications

However, t
hat annulment is

unrelated to the fact that
Kosovo
is not recognised as

a sovereign State by the
European Union and by several Member States

The Body of European Regulators for Electronic Communications (BEREC)
,
which is
composed

of

the

Board of
Regulators,
was

established

in

2009
.

1

D
e
velop
ing

a
n
d
i
mproving i
ts

functioning

are
BEREC’s main task
s
.
BEREC

is also
required to ensure
the consistent
applica
tion
of the EU regulatory framework for that area
,

and
acts as a forum for
coop
e
ration
among national regulatory authorities (NRA
s
) an
Commission
.

Between

2001
and

2015,
the E
u
ropean
Union
signed
stabilisation
and
association
agreemen
ts with
six
countries of the Western
Balkan
s, including

Kosovo,
a potential
candidat
e for accession to the EU.

In and
after

2018,
the

Commission
slation of those countries with
EU legislation
.
On
e
such
action
was to

incorporat
e

the Western
Balkans
into existing regulatory bodies or expert
groups, such as BEREC
.

In March

2019,
the

Commission adop
ted

six d
e
cisions
concerning the participation of
the
NRAs of th
os
e countries in
BEREC
.
In particular,
i
t

allowed the NRA of
Kosovo
to

particip
at
e

in the Board of Regulato
rs and working
groups of BEREC and in the
m
anagement
b
oard of the BEREC Office
.

In June

2019,
Spain brought an action for annulment of that decision before the General Court
of the
European

Union
.

2

That action was

dismissed

by judgment of 23 September
2020,
Spain

v
Commission

(T
–
370/19).
Spain lodged an

appeal
against that judgment in November
2020.

Spain
had
claimed

before

the General Court that the Commission’s decision infringes the prov
ision of the cur
r
ent
BEREC Regulation

3

that relates

to

BEREC’s cooperation with EU bodies, third countries and international
organisations,
because

Kosovo
is not a ‘third country’ within the meaning of that provision.

The General Court held that the conce
pt of ‘third country’ within the meaning of that provision
i
s not the
same as that of ‘third State’ but ha
s

a broader scope which goes beyond sovereign States alone.
The Court of
Justice
considers

that the General Court made an error of law
o
n

that
point
.

The different language versions of
the EU and
F
EU Treaties do not support the conclusion that the
re is a difference in meaning between ‘third country’
and ‘third State’
.
Moreover, in several language versions of those Treaties, and of the regulation, only
the words

1

Regulation (EC) No

1211/2009
of the
European Parliament and of the Council of 25 November
2009

establishing the Body of European Regulators
for Electronic Communications (BEREC) and the Office

(O
J

200
9 L

337,

p.

1).

2

Spain,

and

also

Cyprus, Greece, Romania and Slovakia, do not recognise Kosovo’s independence.

3

Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11

December 2018 establishing the Body of European Regulators for
Electroni
c Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealin
g
Regulation (EC) No

1211/2009 (OJ 2018 L

321, p.

1)
.

Communications Directorate

Press and Information Unit

curia.europa.eu

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‘third State’ are us
ed.

The Court of Justice, referring to the
advisory opinion of the International Court of Justice of 22 July 2010 on
the
Kosovo

d
eclaration of independence,
4

nevertheless considers that
Kosovo
may be treated in the same
way a
s a ‘third country’
,

within the meaning of the BEREC Regulation, without infringing international law.

The General Court did not, therefore, err in law when it
conclu
ded
that the

Commission
could
, in accordance
with the regulation, treat Kosovo as a ‘third

country’.

Spain

had also argued
before

the General Court that the

Commission
had
departed from the
established procedure
for the participation of NRAs of third countries in BEREC
.

The General Court noted that neither the BEREC Regulation
nor any other

EU
legislation expressly conferred on the BEREC Office or any other body the power to draw up
working

arrangements
a
pplying to the
participation
of NRAs of third countries,
and
the
Commission

thus
had the
power, under Article

17 T
E
U,
to establish working arra
ngements unilaterally.

According to the Court of Justice
,

th
e
General Court erred in law on that point also, since the power to draw up
working

arrangements
a
pplying to the

participation
of NRAs of third countries lies with BEREC and the
BEREC Office
.

The
General Court’s in
terpr
e
tation
is not compatible with BEREC’s independence and disregards the
Commission
a
nd, on the other hand, BEREC and the BEREC Office,
the

Commission
having

only a supervisory function
under the regulation.

The General Court’s judgment is set aside
because

of that error
.

T
he Court of Justice

itself g
ive
s

final judgment
in the matter,
the state of the proceedings permit
ting

it to do so, and
annul
s

the Commission’s decision,
since the
Comm
ission did not have the power to adopt it.

However
,
in order
not to jeopardise the participation of the NRA of Kosovo in BEREC, the Court of Justice
rules

that

th
e effects of the Commission’s decision
are to be maintained
until the entry into force of any
new working
arrangements
Kosovo.

The effects of that decision
may not, however,
be maintained
beyond

a reasonable period of six months

from
today’s date
.

NOTE:

An appeal, on a point or points of law
only, may be brought before the Court of Justice against a judgment or
order of the General Court. In principle, the appeal does not have suspensive effect. If the appeal is admissible and
eneral Court. Where the state of the proceedings
so permits, the Court of Justice may itself give final judgment in the case. Otherwise, it refers the case back to the
General Court, which is bound by the decision given by the Court of Justice on the appea
l.

Unofficial document for media use, not binding on the Court of Justice.

The
full text

of the judgment is published on the CURIA website on the day of delivery.

Press contact:
Jacques René Zammit
✆
(+352) 4303 3355

4

ICJ Reports

2010, p.

403.