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Case C-134/10: Judgment of the Court (Third Chamber) of 3 March 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2002/22/EC — Article 31 — Criteria for awarding ‘must-carry’ status — General interest objectives permitting the award of that status — Impact of the number of end-users of communications networks on the award of that status — Principle of proportionality)
ECLI:EU:UNKNOWN:62010CA0134
62010CA0134
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30.4.2011
Official Journal of the European Union
C 130/7
(Case C-134/10) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Article 31 - Criteria for awarding ‘must-carry’ status - General interest objectives permitting the award of that status - Impact of the number of end-users of communications networks on the award of that status - Principle of proportionality)
2011/C 130/12
Language of the case: French
Parties
Applicant: European Commission (represented by: A. Nijenhuis and C. Vrignon, Agents)
Defendant: Kingdom of Belgium (represented by: M. Jacobs and T. Materne, Agents)
Re:
Failure of a Member State to fulfil obligations - Incorrect transposition of Article 31 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) - Criteria for the award of the ‘must-carry’ status concerning radio and television - General interest objectives for the award of such status - Impact of the number of the network’s end-users on the award of such status - Principle of proportionality
Operative part of the judgment
The Court:
1.Declares that, by failing correctly to transpose Article 31 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’), the Kingdom of Belgium has failed to fulfil its obligations under the provisions of that Directive and Article 56 TFEU.
2.Orders the Kingdom of Belgium to pay the costs.
(<span class="super">1</span>) OJ C 161, 19.6.2010.