Information Guide focusing on Case C-632/20 P from the Court of Justice of the European Union (CJEU), on the validity of a Decision adopted by the European Commission allowing Kosovo to participate in the Body of European Regulators for Electronic Communications (BEREC).
The Body of European Regulators for Electronic Communications (BEREC) was first established by Regulation (EC) No 1211/2009. Between 2001 and 2015, the European Union signed Stabilisation and Association Agreements (SAAs) with a number of countries in the Western Balkans region, including Kosovo. In and after 2018, the European Commission took action to align the legislation of those countries with EU legislation. One such action was to incorporate the Western Balkans into existing regulatory bodies or expert groups, such as BEREC. In March 2019, the Commission adopted Decisions concerning the participation of the National Regulatory Authorities (NRAs) of those countries in BEREC. It allowed Kosovo's NRA to participate in the Board of Regulators, BEREC working groups and management board of the BEREC Office.
In June 2019, Spain brought an action for annulment of that Decision before the CJEU's General Court (Case T-370/19), which was dismissed by judgment in September 2020. Spain claimed before the General Court that the Commission's Decision infringes the provision of Regulation (EU) 2018/1971 - the latest legislative framework for BEREC - as regards cooperation with EU bodies, third countries and international organisations. Spain argued that Kosovo was not a third country within the meaning of that provision.
An appeal was lodged against the judgment in November 2020. The Court of Justice decided on 17 January 2023 to annul the Commission's Decision allowing Kosovo to participate in BEREC. It highlighted that the annulment was unrelated to the fact that Kosovo is not recognised by a sovereign State by the European Union (EU) and by several Member States.
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