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Document 62006CJ0387
Judgment of the Court (Second Chamber) of 10 January 2008. # Commission of the European Communities v Republic of Finland. # Failure of a Member State to fulfil obligations - Telecommunications sector - Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) - Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) - Electronic communications networks and services - Fixed and mobile telephone networks - Termination of calls - Incoming traffic - Limit on the powers of the national authority for communications regulation. # Case C-387/06.
Judgment of the Court (Second Chamber) of 10 January 2008.
Commission of the European Communities v Republic of Finland.
Failure of a Member State to fulfil obligations - Telecommunications sector - Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) - Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) - Electronic communications networks and services - Fixed and mobile telephone networks - Termination of calls - Incoming traffic - Limit on the powers of the national authority for communications regulation.
Case C-387/06.
Judgment of the Court (Second Chamber) of 10 January 2008.
Commission of the European Communities v Republic of Finland.
Failure of a Member State to fulfil obligations - Telecommunications sector - Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) - Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) - Electronic communications networks and services - Fixed and mobile telephone networks - Termination of calls - Incoming traffic - Limit on the powers of the national authority for communications regulation.
Case C-387/06.
European Court Reports 2008 I-00001*
ECLI identifier: ECLI:EU:C:2008:5
Judgment of the Court (Second Chamber) of 10 January 2008 – Commission v Finland
(Case C‑387/06)
Failure of a Member State to fulfil obligations – Telecommunications sector – Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) – Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) – Electronic communications networks and services – Fixed and mobile telephone networks – Termination of calls – Incoming traffic – Limit on the powers of the national authority for communications regulation
1. Procedure – Application initiating proceedings – Formal requirements (Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see para. 14)
2. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission (Art. 226 CE) (see paras 24-25)
Re:
| Action for failure of a Member State to fulfil its obligations – Failure to fulfil obligations under Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (OJ 2002 L 108, p. 33) and under Article 8(1) and (4) of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (‘Access’ Directive) (OJ 2002 L 108, p. 7). |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the Commission of the European Communities and the Republic of Finland to bear their own costs. |