标题：Stopping the creeping telecoms regulation. Case comment to the judgment of the European Court of Justice of 13 November 2008 – European Commission v Republic of Poland (Case C-227/07)
摘要：On 13 November 2008, the European Court of Justice (ECJ) delivered a judgment concerning the scope of the obligation to negotiate access agreements by telecoms operators, which constituted one of the most controversial provisions of the Polish Telecommunications Law of 2004. According to Article 26(1) TL, all operators of public communications networks were obliged to conduct, upon the request of other telecoms operators, negotiations regarding the conclusion of telecoms access agreements. The provision of Article 26(1) was accompanied by specific rules on dispute resolution among telecoms undertakings. On its basis, every operator that received an access request had to enter into access negotiations. In case of a dispute, any of the parties could submit to the President of the Office of Electronic Communications (UKE) a request for the issuance of a decision on any contentious issues concerning access. Such a request could be filed if negotiations were not taken up, access was refused or the agreement was not concluded within 90 days. The accessseeking party could even ask the UKE President to set a shorter time limit for the closure of the negotiations. All decisions resolving such disputes were immediately enforceable. As a result, an access request concerning any network could lead to the issuance of an administrative decision imposing access obligations.
