Official Journal of the European Union

(Case C-227/07) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Electronic communications - Networks and services - Directive 2002/19/EC (Access Directive) - Article 4(1) and the first subparagraph of Article 5(1) - Incorrect transposition)

(2009/C 6/09)

Language of the case: Polish

Parties

Applicant: Commission of the European Communities (represented by: M. Shotter and K. Mojzesowicz, acting as Agents)

Defendant: Republic of Poland (represented initially by: E. Ośniecka-Tamecka, T. Nowakowski, and subsequently by M. Dowgielewicz, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Incorrect transposition 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) — National legislation on telecommunications requiring, by way of a general legal provision, operators of public telecommunications networks to negotiate in good faith access contracts and providing that, if the parties do not reach an agreement, the regulatory authority may, at the request of one of the parties, adopt a decision which will replace the contract

Operative part of the judgment

The Court:

1.Declares that, by failing to transpose correctly Article 4(1) 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), the Republic of Poland has failed to fulfil its obligations under that Directive;

2.Dismisses the action as to the remainder;

3.Orders the Commission of the European Communities and the Republic of Poland to bear their own costs.

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(<span class="super">1</span>) OJ C 199, 25.8.2007.