Judgment_paragraph 214 · ViaSat, Inc. v European Commission (T-245/17)

214Lastly, it should be noted that a lack of powers, whether express or implicit, on the part of the Commission to take action in order to prevent NRAs from granting authorisations to a system allegedly incompatible with the legal framework does not deprive competitors, such as the applicant, of effective judicial protection. Indeed, the decisions taken by the NRAs concerning authorisations and application of the enforcement procedure by the competent national authorities are subject to review by the national courts, which may refer questions to the Court of Justice for a preliminary ruling where they encounter difficulties in the interpretation or application of EU law relating to MSS, as illustrated by the questions referred to the Court of Justice in the case which gave rise to the judgment of 5 March 2020, Viasat UK and Viasat (C‑100/19, EU:C:2020:174), and in Case C‑515/19, currently pending before the Court of Justice.

ViaSat, Inc. v European Commission (T-245/17)

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