It is understood that the Commission has launched infringement proceedings against Belgium, the Czech Republic, Estonia, Cyprus, Latvia, Luxemburg and Poland, for failing to notify the Commission of their electronic communications market reviews. One of the main principles of the Regulatory Framework is that ex-ante obligations should only be imposed on those operators that enjoy a position of dominance in the market. A key element of the implementation of this principle is a requirement that the National Regulatory Authorities (NRAs) carry out market analysis and review of existing ex-ante obligations. Where the NRA finds in its market review that there is limited competition in a certain electronic communications market, it should impose regulatory obligations on the dominant operator(s) in that market (out of a specified range of possible obligations/remedies), aimed at remedying the lack of competition in that specific electronic communications market. In contrast, where the NRA finds that there is effective competition in the electronic communications market reviewed, then the NRA should withdraw the ex-ante obligations imposed on the dominant operator(s), as these are no longer necessary. The NRAs are required to notify the EU Commission of their market reviews.

Further infringement proceedings have been commenced against Estonia, for certain incompatibilities of Estonian law with the Regulatory Framework, against Cyprus and Slovenia, for insufficient independence of their NRAs, and against Malta, for failing to implement number portability.

It is understood that all of the above proceedings are still at the first stage of the infringement proceeding under Article 226 of the EC Treaty, pursuant to which the Commission sent a letter of formal notice to the relevant member states (notifying them of their failure to �fulfil an obligation�), to which these member states have two months to respond.

Amit Rainhartz