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Document C2004/273/12
Judgment of the Court (Second Chamber) of 14 September 2004 in Case C-411/02: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 98/10/EC — Telecommunications — Concepts of ‘a basic level of itemised billing’’ and ‘still more detailed presentation’ )
Judgment of the Court (Second Chamber) of 14 September 2004 in Case C-411/02: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 98/10/EC — Telecommunications — Concepts of ‘a basic level of itemised billing’’ and ‘still more detailed presentation’ )
Judgment of the Court (Second Chamber) of 14 September 2004 in Case C-411/02: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 98/10/EC — Telecommunications — Concepts of ‘a basic level of itemised billing’’ and ‘still more detailed presentation’ )
OJ C 273, 6.11.2004, p. 7–7
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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6.11.2004 |
EN |
Official Journal of the European Union |
C 273/7 |
JUDGMENT OF THE COURT
(Second Chamber)
of 14 September 2004
in Case C-411/02: Commission of the European Communities v Republic of Austria (1)
(Failure of a Member State to fulfil obligations - Incorrect transposition - Directive 98/10/EC - Telecommunications - Concepts of ‘a basic level of itemised billing’ and ‘still more detailed presentation’)
(2004/C 273/12)
Language of the case: German
In Case C-411/02: action under Article 226 EC for failure to fulfil obligations, brought on 18 November 2002, Commission of the European Communities (Agents: C. Schmidt and M. Shotter) v Republic of Austria (Agents: E. Riedl and T. Kramler) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet, J.N. Cunha Rodrigues and N. Colneric, Judges; M. Poiares Maduro, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 14 September 2004, in which it:
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1. |
Declares that, by opting for billing which lists charges only according to the type of charge and is not sufficiently detailed to ensure effective verification and control by the consumer, the Republic of Austria has failed to fulfil its obligations under Article 14(2) of Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment; |
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2. |
Orders the Republic of Austria to pay the costs. |