# C_2004201EN.01000402.xml

| 7.8.2004 | EN | Official Journal of the European Union | C 201/4 |
| --- | --- | --- | --- |

7.8.2004

EN

Official Journal of the European Union

C 201/4

---

JUDGMENT OF THE COURT

(First Chamber)

of 24 June 2004

in Case C-350/02: Commission of the European Communities v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil its obligations - Processing of personal data and the protection of privacy in the electronic communications sector - Articles 6 and 9 of Directive 97/66/EC - Requirement for specific statement of grounds of complaint in the reasoned opinion)

(2004/C 201/07)

Language of the case: Dutch

In Case C-350/02: Commission of the European Communities (Agents: M. Shotter and W. Wils) v Kingdom of the Netherlands (Agent: S. Terstal ) — application for a declaration that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose into national law Articles 6 and 9 of Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1) or, at least, by not communicating those provisions to the Commission, the Kingdom of the Netherlands has failed to fulfil its obligations under the EC Treaty — the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. La Pergola, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts (Rapporteur), Judges; J. Kokott, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 24 June 2004, in which it:

| 1. | Declares that, by incompletely transposing Article 6 of Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector, in that, first, Article 11(5)(1) of the Wet houdende regels inzake de telecommunicatie (Telecommunicatiewet) refers to a general administrative measure which was not communicated to the Commission of the European Communities and in that, second, the implementing provisions mentioned in Article 11(5)(3) of the Telecommunicatiewet were not communicated to the Commission, and by incompletely transposing Article 9 of that directive, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by incompletely transposing Article 6 of Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector, in that, first, Article 11(5)(1) of the Wet houdende regels inzake de telecommunicatie (Telecommunicatiewet) refers to a general administrative measure which was not communicated to the Commission of the European Communities and in that, second, the implementing provisions mentioned in Article 11(5)(3) of the Telecommunicatiewet were not communicated to the Commission, and by incompletely transposing Article 9 of that directive, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;

| 2. | Dismisses the remainder of the action; |
| --- | --- |

2.

Dismisses the remainder of the action;

| 3. | Orders the Kingdom of the Netherlands to bear, in addition to its own costs, three quarters of the Commission's costs; |
| --- | --- |

3.

Orders the Kingdom of the Netherlands to bear, in addition to its own costs, three quarters of the Commission's costs;

| 4. | Orders the Commission, as to the remainder of the action to bear its own costs. |
| --- | --- |

4.

Orders the Commission, as to the remainder of the action to bear its own costs.

---

(1)  
  OJ C 323, 21.12.2002.

---