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Document C2005/330/05
Judgment of the Court (First Chamber) of 20 October 2005 in Case C-334/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 90/388/EEC — Telecommunications — Article 4d — Rights of way — Lack of a guarantee of non-discrimination in the grant of rights of way — Non-transposition)
Judgment of the Court (First Chamber) of 20 October 2005 in Case C-334/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 90/388/EEC — Telecommunications — Article 4d — Rights of way — Lack of a guarantee of non-discrimination in the grant of rights of way — Non-transposition)
Judgment of the Court (First Chamber) of 20 October 2005 in Case C-334/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 90/388/EEC — Telecommunications — Article 4d — Rights of way — Lack of a guarantee of non-discrimination in the grant of rights of way — Non-transposition)
OJ C 330, 24.12.2005, p. 3–3
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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24.12.2005 |
EN |
Official Journal of the European Union |
C 330/3 |
JUDGMENT OF THE COURT
(First Chamber)
of 20 October 2005
in Case C-334/03: Commission of the European Communities v Portuguese Republic (1)
(Failure of a Member State to fulfil obligations - Directive 90/388/EEC - Telecommunications - Article 4d - Rights of way - Lack of a guarantee of non-discrimination in the grant of rights of way - Non-transposition)
(2005/C 330/05)
Language of the case: Portuguese
In Case C-334/03 Commission of the European Communities (Agents: A. Alves Vieira, S. Rating and G. Braga da Cruz) v Portuguese Republic (Agents: L. Fernandes and P. de Pitta e Cunha) — action under Article 226 EC for failure to fulfil obligations, brought on 30 July 2003 — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann, N. Colneric (Rapporteur), J.N. Cunha Rodrigues and E. Levits, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 20 October 2005, in which it:
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1. |
Declares that, by failing to ensure the transposition of Article 4d of Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services, as amended by Commission Directive 96/19/EC of 13 March 1996, the Portuguese Republic has failed to fulfil its obligations; |
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2. |
Orders the Portuguese Republic to pay the costs. |
(1) OJ C 251, de 18.10.2003.