It allows Kosovo to remain until the entry into force of possible new labor regulations
BRUSSELS, Jan. 17 (.) –
The Court of Justice of the European Union (CJEU) has sided with Spain on Tuesday in the lawsuit it was holding against the European Commission for allowing Kosovo to participate in the European Body of Electronic Communications Regulators (BEREC) and has annulled the decision alleging that Brussels did not have powers to establish the rules of participation of third countries.
In a final judgment, the CJEU addresses Spain’s appeal against the previous decision of the General Court and considers that it made an error of law when dealing with jurisdiction to establish the work rules applicable to the participation of regulatory agencies from third countries in BEREC, which corresponds to the body itself and not to the European Executive.
“The interpretation of the General Court is not reconcilable with the independence of BEREC and does not comply with the division of powers between, on the one hand, the Commission and, on the other, BEREC and the BEREC Office”, states the sentence that insists on that the European Commission only has a “control function” in this case.
In this way, the CJEU ruled in favor of Spain and annulled the decision of Brussels, since it was not competent to adopt the participation of Kosovo in this institution, although it maintains the effects of the decision of the Commission until its entry into force. of possible new working rules agreed between BEREC, the BEREC Office and the Kosovo regulatory agency, which have to arrive within six months.
This ruling follows the opinion of the Advocate General of the General Court of the European Union who agreed last June with Spain in its appeal to annul the decision of the European Commission, on the understanding that it was not empowered to adopt said decision. Spain filed an appeal before the European courts, after the General Court of the EU dismissed a first Spanish appeal for annulment.