# C_2005115EN.01000703.xml

| 14.5.2005 | EN | Official Journal of the European Union | C 115/7 |
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14.5.2005

EN

Official Journal of the European Union

C 115/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 10 March 2005

in Case C-236/04: Commission of the European Communities v Grand Duchy of Luxembourg (1)

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(Failure of a Member State to fulfil obligations - Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC - Electronic communications networks and services - Failure to transpose within the prescribed period)

(2005/C 115/15)

Language of the case: French

In Case C-236/04 Commission of the European Communities (Agent: M. Shotter) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — Action under Article 226 EC for failure to fulfil obligations, brought on 7 June 2004 — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, J. Makarczyk and P. Kūris (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 10 March 2005, in which it:

| 1. | Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directives 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), 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation 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 (Framework Directive), and 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under those directives. |
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1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directives 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), 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation 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 (Framework Directive), and 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under those directives.

| 2. | Orders the Grand Duchy of Luxembourg to pay the costs. |
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2.

Orders the Grand Duchy of Luxembourg to pay the costs.

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(1)  OJ C 190, 24.07.2004.

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