Judgment — ECLI:EU:C:2009:12
Date: 2009-01-15
Language of the case: Italian
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Telecommunications
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (Seventh Chamber) of 15 January 2009 - Commission of the European Communities v Italian Republic (Case C-539/07) 1 (Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Article 26(3) - Single European emergency call number - Caller location information - Availability to the authorities handling emergencies - Failure to transpose within the prescribed period ) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: E. Montaguti and A. Nijenhuis, acting as Agents) Defendant: Italian Republic (represented by: I. M. Braguglia, Agent, and S. Fiorentino, avvocato dello Stato) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, the provisions necessary to comply with Article 26(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 (Universal Service Directive) (OJ 2002 L 108, p. 51) Operative part of the judgment The Court: Declares that, by failing, for all calls to the single European emergency call number '112', to make caller location information available, to the extent technically feasible, to the authorities handling emergencies, the Italian Republic has failed to fulfil its obligations under Article 26(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 (Universal Service Directive); Orders the Italian Republic to pay the costs. ____________ 1 - OJ C 37 of 09.02.2008.