The EU Commission, by a Decision of 30 May 2013, decided to refer Estonia to the EUCJ over independence of its national telecoms regulator. Under the European telecoms regulation, national authorities exercising a regulatory power cannot control or own telecoms companies.
The Economic Affairs and Communications Ministry of Estonia has a regulatory power, in particular regarding the radio frequencies allocation and in the meantime controls the state-owned company Levira Ltd, the most important radio and TV networks operator in Estonia.
The Commission sent Estonia a formal request to comply with EU rules in June 2012, in particular article 3(2) of the Telecoms Framework which provides that Member States controlling or owning telecoms services providers have to establish an effective structural separation between regulatory powers and company control or ownership activities. However, Estonia did not adapt its national law to guarantee the impartiality of its telecoms regulator, which can have negative consequences on competition in this sector.