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Case C-458/07: Judgment of the Court (Fourth Chamber) of 12 March 2009 — Commission of the European Communities v Portuguese Republic (Failure of Member State to fulfil obligations — Telecommunications — Directive 2002/22/EC — Universal service — Obligation to make available to end-users a comprehensive directory and telephone directory enquiry service)
ECLI:EU:UNKNOWN:62007CA0458
62007CA0458
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Official Journal of the European Union
16.5.2009
(Case C-458/07)
(Failure of Member State to fulfil obligations - Telecommunications - Directive 2002/22/EC - Universal service - Obligation to make available to end-users a comprehensive directory and telephone directory enquiry service)
2009/C 113/15
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: G. Braun and P. Guerra e Andrade, Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, and L. Morais, Advogado)
Re:
Failure by Member State to fulfil obligations — Infringement of Article 5(1) and (2) and Article 25(1) and (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 2002 L 108, p. 51) — Failure to include certain subscribers in the universal directory
Operative part of the judgment
The Court:
1.Declares that, by not guaranteeing, in practice, the making available to all end-users of at least one comprehensive directory and at least one comprehensive telephone directory enquiry service in accordance with the provisions of Article 5(1) and (2) and Article 25(1) and (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), the Portuguese Republic has failed to fulfil its obligations under that directive;
2.Orders the Portuguese Republic to pay the costs.
* * *
(1) OJ C 297, 8.12.2007.
ECLI:EU:C:2009:145