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Document 62007CJ0539

Judgment of the Court (Seventh Chamber) of 15 January 2009.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Article 26(3) - Single European emergency call number - Caller location information - Availability to the authorities handling emergencies - Failure to transpose within the prescribed period.
Case C-539/07.

European Court Reports 2009 I-00001*

ECLI identifier: ECLI:EU:C:2009:12





Judgment of the Court (Seventh Chamber) of 15 January 2009 – Commission v Italy

(Case C‑539/07)

Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Article 26(3) – Single European emergency call number – Caller location information – Availability to the authorities handling emergencies – Failure to transpose within the prescribed period

1.                     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. 9)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 11)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Article 26(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).

Operative part

The Court:

1.

Declares that, by failing, for all calls to the single European emergency call number ‘112’, to make caller location information available, to the extent technically feasible, to the authorities handling emergencies, the Italian Republic has failed to fulfil its obligations under Article 26(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);

2.

Orders the Italian Republic to pay the costs.

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