Judgment — ECLI:EU:C:2008:354
Date: 2008-06-19
Language of the case: French
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Industrial policy
Concepts: Telecommunications
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Action brought on 27 April 2007 - Commission of the European Communities v French Republic (Case C-220/07) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: J.-P. Keppenne and M. Schotter, acting as Agents) Defendant: French Republic Form of order sought Declare that, by reason of the transposition into domestic law of the provisions relating to the designation of undertakings able to guarantee the provision of universal service, the French Republic has failed to fulfil its obligations under Articles 8(2), 12 and 13 and Annex IV of the Universal Service Directive 2002/22/EC; 1 order the French Republic to pay the costs. Pleas in law and main arguments By its action, the Commission in essence complains that the defendant incorrectly transposed Directive 2002/22, to the extent that French legislation provides that any operator able to ensure the provision of one of the components of the universal service over the whole of the national territory may be given the task of so doing. Such a provision disregards both the principle of non-discrimination set out in Article 8(2) of the above-mentioned directive and the principles of profitability and efficiency which follow from Articles 8, 12 and 13 thereof and Annex IV thereto, since it excludes a priori economic operators which are not able to ensure provision of the universal service over the whole of the national territory. It is true that the Directive does not of itself exclude the possibility of the designation, in fine, of a single operator to cover the whole of the national territory, but, in any event, it requires that the Member States first follow an open procedure in accordance with the criteria set out in Article 8(2) of the Directive in order to ensure that any designation of a single operator is indeed the most efficient and cost-effective solution. ____________ 1 - irective 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).