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Document 62002CJ0058
Judgment of the Court (Fifth Chamber) of 7 January 2004. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 98/84/EC - Information society - Radio broadcasting - Services based on conditional access - Services consisting of conditional access - Protected services - Legal protection - Devices giving unauthorised access. # Case C-58/02.
Judgment of the Court (Fifth Chamber) of 7 January 2004.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 98/84/EC - Information society - Radio broadcasting - Services based on conditional access - Services consisting of conditional access - Protected services - Legal protection - Devices giving unauthorised access.
Case C-58/02.
Judgment of the Court (Fifth Chamber) of 7 January 2004.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 98/84/EC - Information society - Radio broadcasting - Services based on conditional access - Services consisting of conditional access - Protected services - Legal protection - Devices giving unauthorised access.
Case C-58/02.
European Court Reports 2004 I-00621
ECLI identifier: ECLI:EU:C:2004:9
«(Failure of a Member State to fulfil obligations – Directive 98/84/EC – Information society – Radio broadcasting – Services based on conditional access – Services consisting of conditional access – Protected services – Legal protection – Devices giving unauthorised access)»
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(Art. 249, third para., EC; Directive 98/84 of the European Parliament and of the Council)
JUDGMENT OF THE COURT (Fifth Chamber)
7 January 2004 (1)
((Failure of a Member State to fulfil obligations – Directive 98/84/EC – Information society – Radio broadcasting – Services based on conditional access – Services consisting of conditional access – Protected services – Legal protection – Devices giving unauthorised access))
In Case C-58/02, Commission of the European Communities, represented by G. Valero Jordana and M. Shotter, acting as Agents, with an address for service in Luxembourg,applicant,
v
Kingdom of Spain, represented by S. Ortiz Vaamonde, acting as Agent, with an address for service in Luxembourg,defendant,
APPLICATION for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ 1998 L 320, p. 54), or, at the very least, by failing to notify the Commission of the adoption of those measures, the Kingdom of Spain has failed to fulfil its obligations under that directive,THE COURT (Fifth Chamber),,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 10 July 2003,
gives the following
On those grounds,
THE COURT (Fifth Chamber)
hereby:
Jann |
Edward |
von Bahr |
R. Grass |
V. Skouris |
Registrar |
President |