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Judgment of the Court (Fourth Chamber) of 12 March 2009. # Commission of the European Communities v Portuguese Republic. # Failure of a 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. # Case C-458/07.
ECLI:EU:C:2009:147
62007CJ0458
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(Case C‑458/07)
Failure of a 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
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 5(1) and (2) and 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) – Certain subscribers not included in the universal directory.
Operative part
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 Articles 5(1) and (2) and 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.