Judgment — ECLI:EU:C:2009:31
Date: 2009-01-22
Language of the case: Polish
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Telecommunications
Concepts: General;Obligations of the Member States
Procedure: Action for failure to fulfil obligations - successful
Origin: Poland

Judgment of the Court (Fifth Chamber) of 22 January 2009 - Commission of the European Communities v Republic of Poland (Case C-492/07) 1 (Failure of a Member State to fulfil its obligations - Directive 2002/21/EC - Electronic communications networks and services - Definition of subscriber) Language of the case: Polish Parties Applicant: Commission of the European Communities (represented by: A. Nijenhuis and K. Mojzesowicz, acting as Agents) Defendant: Republic of Poland (represented by: M. Dowgielewicz, Agent) Re: Failure of a Member State to fulfil its obligations - Failure to adopt within the prescribed period the necessary measures to comply with Article 2(k) 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 (Framework Directive) (OJ 2002 L 108, p. 33) - Definition of subscriber. Operative part of the judgment The Court: 1. Declares that, by failing to transpose correctly 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 in particular Article 2(k) thereof with reference to the definition of 'subscriber', the Republic of Poland has failed to fulfil its obligations under that directive; 2. Orders the Republic of Poland to pay the costs. ____________ 1 - OJ C 22, 26.01.2008.