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Case C-230/07: Judgment of the Court (Eighth Chamber) of 9 October 2008 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directive 2002/22/EC — Electronic communications — Single European emergency call number — Caller location — Failure to transpose within the period prescribed)
ECLI:EU:UNKNOWN:62007CA0230
62007CA0230
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21.3.2009
Official Journal of the European Union
C 69/5
(Case C-230/07)
(Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Electronic communications - Single European emergency call number - Caller location - Failure to transpose within the period prescribed)
(2009/C 69/07)
Language of the case: Dutch
Parties
Applicant: Commission of the European Communities (represented by: W. Wils and M. Shotter, acting as Agents)
Defendant: Kingdom of the Netherlands (represented by: C.M. Wissels)
Intervener in support of the defendant: Republic of Lithuania (represented by: D. Kriaučiūnas, agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures 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 L 108, p. 51)
Operative part of the judgment
The Court:
1.declares that by not making, for calls to the single European emergency call number ‘112’, caller location information available to authorities handling emergencies, to the extent technically feasible, the Kingdom of the Netherlands 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 Kingdom of the Netherlands to pay the costs;
3.orders the Republic of Lithuania to bear its own costs.
(<span class="super">1</span>) OJ C 155, 7.7.2007.