Judgment — ECLI:EU:C:2008:497
Date: 2008-09-11
Language of the case: Lithuanian
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Telecommunications
Procedure: Action for failure to fulfil obligations - successful
Origin: Lithuania

Summary of the Judgment Approximation of laws – Telecommunications sector – Universal service and users’ rights – Directive 2002/22 (European Parliament and Council Directive 2002/22, Art. 26(3)) Under Article 26(3) of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services, Member States are to ensure that undertakings which operate public telephone networks make caller location information available to authorities handling emergencies, to the extent technically feasible, for all calls to the single European emergency call number ‘112’. That provision aims to improve the level of protection and the security of users of ‘112’ services and assist the emergency services in the discharge of their duties. It follows from the wording and the aim of that provision that it imposes on Member States, subject to technical feasibility, an obligation to achieve a result which is not limited to putting in place an appropriate regulatory framework, but which requires that the location information for all callers to the ‘112’ be actually transmitted to the emergency services. The failure to acquire or adapt the equipment necessary cannot be regarded as a lack of technical feasibility within the meaning of Article 26(3). As regards the method to be employed in order to transmit location information on callers to the ‘112’ number, that article does not contain any information in that regard and therefore leaves the Member States to decide the manner in which they wish actually ensure to that that information is transmitted. (see paras 38-40, 46-47)