Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/12/2011

Subject: The Court reiterates that, in accordance with a fundamental principle of the EU’s legal order, a measure adopted by the public authorities must not be enforceable against the persons concerned before they have had an opportunity to acquaint themselves with it. The Court points out that the Poland Act of Accession to the EU precludes the obligation contained in EU legislation which has not been published in the Official Journal of the European Union in Polish, where that language is an official language of the EU, from being imposed on individuals in that State. The Court notes that the 2002 Guidelines set out the principles for use by national regulatory authorities in the analysis of markets and effective competition and they do not contain any obligation capable of being imposed on individual. In consequence, the fact that those guidelines have not been published in the Official Journal of the European Union in Polish does not prevent the Polish NRA from referring to them in a decision addressed to an individual.

Parties: Polska Telefonia Cyfrowa

Classification: Equality - Art. 22 Respect of cultural, religious and linguistic diversity

Text