Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

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.