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Document 62007CJ0458

Judgment of the Court (Fourth Chamber) of 12 March 2009.
Commission of the European Communities v Portuguese Republic.
Failure of a Member State to fulfil obligations - Telecommunications - Directive 2002/22/EC - Universal service - Obligation to make available to end-users a comprehensive directory and telephone directory enquiry service.
Case C-458/07.

European Court Reports 2009 I-00029*

ECLI identifier: ECLI:EU:C:2009:147





Judgment of the Court (Fourth Chamber) of 12 March 2009 – Commission v Portugal

(Case C‑458/07)

Failure of a Member State to fulfil obligations – Telecommunications – Directive 2002/22/EC – Universal service – Obligation to make available to end-users a comprehensive directory and telephone directory enquiry service

1.                     Member States – Obligations – Failure to fulfil obligations – Liability – Extent – Constitutionally independent institutions (Arts 10 EC and 226 EC) (see paras 19-20)

2.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 22)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 5(1) and (2) and 25(1) and (3) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51) – Certain subscribers not included in the universal directory.

Operative part

The Court:

1.

Declares that, by not guaranteeing, in practice, the making available to all end-users of at least one comprehensive directory and at least one comprehensive telephone directory enquiry service in accordance with the provisions of Articles 5(1) and (2) and 25(1) and (3) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), the Portuguese Republic has failed to fulfil its obligations under that directive.

2.

Orders the Portuguese Republic to pay the costs.

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