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Kingdom of Spain v. European Commission, Case C-632/20 P, CJEU, (Grand Chamber), 17 January 2023

Type Judgment
Case number C-632/20 P


Concepts of “third country” and “third State” in EU law.

Normative references

Art. 17 TEU
United Nations Security Council resolution no. 1244 from 1999


1. Kosovo can be treated as a "third country" under Regulation 2018/1971 without violating international law, and, therefore, it can participate in BEREC (Body of European Regulators for Electronic Communications). However, the Court annulled the September 23, 2020, ruling, T-70/19, Spain v. Commission, as it could not be adopted on the basis of Article 17 TEU under the Commission's executive and external representation functions. However, in order not to jeopardize the participation of Kosovo's National Regulatory Authority on Electronic Communications in BEREC, the Court decided to maintain the effects of the Commission's decision until any new working arrangements concluded between BEREC, the BEREC Office, and the Kosovo NRA entered into force.
(Between 2001 and 2015, the European Union signed Stabilization and Association Agreements with six Western Balkan countries, including Kosovo, a potential EU candidate. In March 2019, the Commission adopted six decisions regarding the participation of these countries' NRAs in BEREC. In particular, it admitted Kosovo's NRA to participate in BEREC's Board of Regulators and working groups, as well as in the BEREC Office's Administrative Board. In June 2019, Spain brought an action for annulment of this decision before the General Court of the European Union. The appeal was dismissed by judgment of September 23, 2020, T-70/19. Spain, then, appealed the judgment in November 2020).