CELEX: 62009CJ0154
Failure of a Member State to fulfil obligations
Directive 2002/22/EC
Electronic communications
Networks and services
Articles 3(2) and 8(2)
Designation of undertakings responsible for universal service obligations
Incorrect transposition

Failure of a Member State to fulfil obligations – Infringement of Articles 3(2) and 8(2) 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) – Designation of the undertakings responsible for
universal service obligations.
Operative part
The Court:
1.
Declares that, by failing to transpose correctly into national law the provisions of European Union law governing the designation
of universal service provider(s) and, in any event, by failing to ensure that those provisions are applied in practice, the
Portuguese Republic has failed to fulfil its obligations under Articles 3(2) and 8(2) 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).
2.
Orders the Portuguese Republic to pay the costs.