The European Commission has issued today a reasoned opinion to Luxembourg for not complying with the 2009 EU Regulatory Framework for Electronic Communications. Under Article 16(6) of the Framework Directive national regulators shall carry out an analysis of the relevant market to ensure that it is sufficiently competitive and effectively delivers to consumers and companies the benefits expected from competitive markets in terms of choice, prices and innovation. Regulators must then notify the corresponding draft measure to the Commission within three years of the previous measure. However, with the exception of the late notification of 3 out of seven markets to be analysed, Luxembourg has not notified the Commission of any market analysis since 2008 - or even since 2006 depending on the markets concerned. Furthermore, Luxembourg has neither asked for extension of the deadline nor requested assistance from the Body of European Regulators for Electronic Communications (BEREC), as provided for in Article 16(7) of the Framework Directive.
Luxembourg now has two months to take the necessary measures to comply with this reasoned opinion.