Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-01/cp230011en.pdf

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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

The Body of European Regulators for Electronic Communications (BEREC), which is composed of the Board of Regulators, was established together with its Office in 2009. 1 Developing the internal market for electronic communications networks and services and improving its functioning are BEREC’s main tasks. BEREC is also required to ensure the consistent application of the EU regulatory framework for that area, and acts as a forum for cooperation among national regulatory authorities (NRAs) and between NRAs and the Commission.

Between 2001 and 2015, the European Union signed stabilisation and association agreements with six countries of the Western Balkans, including Kosovo, a potential candidate for accession to the EU. In and after 2018, the Commission took action to develop the digital society and 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 six decisions concerning the participation of the NRAs of those countries in BEREC. In particular, it allowed the NRA of Kosovo to participate in the Board of Regulators and working groups of BEREC and in the management board 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 provision of the current 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.

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