Failure of a Member State to fulfil obligations Electronic communications networks and services Telecommunications sector Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) Fixed and mobile telephone networks Termination of calls Incoming traffic Limit on the powers of the national authority for communications regulation
Sumário
Judgment of the Court (Second Chamber) of 10 January 2008.
Commission of the European Communities v Republic of Finland.
Failure of a Member State to fulfil obligations - Telecommunications sector - Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) - Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) - Electronic communications networks and services - Fixed and mobile telephone networks - Termination of calls - Incoming traffic - Limit on the powers of the national authority for communications regulation.
Case C-387/06.
Texto da decisão
Judgment of the Court (Second Chamber) of 10 January 2008 – Commission v Finland
(Case C‑387/06)
Failure of a Member State to fulfil obligations – Telecommunications sector – Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) – Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) – Electronic communications networks and services – Fixed and mobile telephone networks – Termination of calls – Incoming traffic – Limit on the powers of the national authority for communications regulation
1. Procedure – Application initiating proceedings – Formal requirements (Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see para. 14)
2. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission (Art. 226 CE) (see paras 24-25)
Re:
| Action for failure of a Member State to fulfil its obligations – Failure to fulfil obligations under Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (OJ 2002 L 108, p. 33) and under Article 8(1) and (4) 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). |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the Commission of the European Communities and the Republic of Finland to bear their own costs. |