Judgment — ECLI:EU:C:2009:147
Date: 2009-03-12
Language of the case: Portuguese
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Telecommunications
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Action brought on 10 October 2007 - Commission of the European Communities v Portuguese Republic (Case C-458/07) Language of the case: Portuguese Parties Applicant: Commission of the European Communities (represented by: P. Andrade and G. Braun, Agents) Defendant: Portuguese Republic Form of order sought a declaration that the Portuguese Republic, by failing to ensure in practice that at least one comprehensive telephone directory and at least one comprehensive telephone directory enquiry service are available to all end-users, as laid down in Articles 5(1) and (2) and 25(1) and (3) of Directive 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, has failed to fulfil its obligations under that directive; an order that the Portuguese Republic should pay the costs. Pleas in law and main arguments In Portugal, subscribers to Vodafone who expressed their wish to have their names included in the universal service directory are still not included in it. The regulator, ANACOM, has not yet decided on the form and procedure for supplying the information in question. The present legal situation is the responsibility of the Portuguese Republic. ____________