Greece

European Commission: Greek Law Liberalising Broadcasting Services Prompts Commission to Close Infringement Procedure

IRIS 2008-3:1/6

Mara Rossini

Institute for Information Law (IViR), University of Amsterdam

In September 2007 Greece formally notified the European Commission regarding the new Greek “Law on Media Concentration” prompting the Commission to close an ongoing infringement procedure. This new law has been described by the Competition Commissioner as the legislative step with which Greece “has finally completed its national regulatory framework for broadcasting transmission services”. After it was referred to the European Court of Justice for failure to implement Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services, the Hellenic Republic was faced with the Court’s judgment of 14 April 2005 confirming it had not complied with its obligation to notify national implementation measures by the prescribed deadline of 24 July 2003. The 2002/77/EC Directive aims to guarantee competitive market conditions throughout the European Union extending the principle of full market liberalisation to all electronic communications services, including broadcasting services. Almost exactly a year after the Court’s ruling, the Commission sent Greece a “letter of formal notice” inquiring about the progress made with regard to the implementation obligations. Greece responded, explaining that a new media law was in the making, which would deal with broadcasting transmission services as prescribed by the Directive. A reasoned opinion was then sent by the Commission requesting compliance with the Court’s ruling by the end of 2006. Greece was able to avert a second round before the European Court of Justice when it notified the EC, in September 2007, that a new bill on media concentration had been adopted by the Greek parliament. The resulting new law liberalises analogue and digital broadcasting services, allowing these services to be provided on the basis of a declaration made according to the procedure set out in the Greek electronic Communications Law 3431/2006.