Judgment — ECLI:EU:C:2003:142
Date: 2003-03-06
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Telecommunications;Fundamental rights
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Summary of the Judgment 
1. Actions for failure to fulfil obligations — Examination of the merits by the Court — 
Situation to be taken into consideration — Situation on expiry of the period laid down 
by the reasoned opinion 
(Art. 226 EC) 
2. Member States — Obligations — Implementation of directives — Failure to fulfil 
obligations — National system pleaded as justification — Not permissible 
(Art. 226 EC) 
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