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Case C-76/13: Judgment of the Court (Second Chamber) of 25 June 2014 — European Commission v Portuguese Republic (Failure to fulfil obligations — Directive 2002/22/EC — Electronic communications — Networks and services — Designation of the undertakings responsible for universal service obligations — Incorrect transposition — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Penalty payment — Lump sum payment)
ECLI:EU:UNKNOWN:62013CA0076
62013CA0076
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Official Journal of the European Union
C 292/5
(Case C-76/13) (<span class="super">1</span>)
((Failure to fulfil obligations - Directive 2002/22/EC - Electronic communications - Networks and services - Designation of the undertakings responsible for universal service obligations - Incorrect transposition - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Article 260(2) TFEU - Financial penalties - Penalty payment - Lump sum payment))
2014/C 292/06
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: P. Guerra e Andrade, G. Braun, L. Nicolae and M. Heller, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes, acting as Agent, assisted by L. Morais, advogado)
Operative part of the judgment
1)By failing to adopt all of the measures necessary to ensure compliance with the judgment in Commission v Portugal (C-154/09, EU:C:2010:591), the Portuguese Republic has failed to fulfil its obligations under Article 260(1) TFEU.
2)The Portuguese Republic is ordered to pay to the European Commission, into the account ‘European Union own resources’, a lump sum of EUR 3 million.
3)The Portuguese Republic is ordered to pay to the European Commission, into the account ‘European Union own resources’, a penalty payment of EUR 10 000 for each day of delay in adopting the measures necessary to ensure compliance with the judgment in Commission v Portugal (C-154/09, EU:C:2010:591), from the date on which judgment is delivered in the present case until the date of full compliance with that judgment.
4)The Portuguese Republic is ordered to pay the costs.
(<span class="note"> <a id="ntr1-C_2014292EN.01000502-E0001" href="#ntc1-C_2014292EN.01000502-E0001">*1</a> </span>) OJ C 123, 27.4.2013.