Judgment of the Court (Fifth Chamber) of 10 March 2005 in Case C-240/04: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC — Electronic communications networks and services — Failure to transpose within the prescribed period)
Date: 2005-05-14
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, regulation of telecommunications, telecommunications, transmission network, universal service

C 115/8

EN

Official Journal of the European Union

14.5.2005

Chamber), composed of R. Silva de Lapuerta, President of the
Chamber, J. Makarczyk and P. Kūris (Rapporteur), Judges; F.G.
Jacobs, Advocate General; R. Grass, Registrar, gave a judgment
on 10 March 2005, in which it:

1. Declares that, by failing to adopt

networks

the laws,

regulations and
administrative provisions necessary to comply with Directives
2002/19/EC of the European Parliament and of the Council of 7
March 2002 on access to, and interconnection of, electronic
communications networks and associated facilities (Access Direc-
tive), 2002/20/EC of the European Parliament and of the Council
of 7 March 2002 on the authorisation of electronic communica-
tions
(Authorisation 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
2002/22/EC of the European Parliament and of the Council of 7
March 2002 on universal service and users' rights relating to elec-
tronic communications networks and services (Universal Service
Directive), the Grand Duchy of Luxembourg has failed to fulfil its
obligations under those directives.

services

and

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 190, 24.07.2004.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 10 March 2005

in Case C-240/04: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Directives
2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC —
Electronic communications networks and services — Failure
to transpose within the prescribed period)

(2005/C 115/16)

(Language of the case: French)

In Case C-240/04 Commission of the European Communities
(Agent: M. Shotter) v Kingdom of Belgium (Agent: E. Dominko-
vits) — Action under Article 226 EC for failure to fulfil obliga-
tions, brought on 8 June 2004 — the Court (Fifth Chamber),
composed of R. Silva de Lapuerta, President of the Chamber, J.
Makarczyk and P. Kūris (Rapporteur),
Jacobs,
Advocate General; R. Grass, Registrar, gave a judgment on 10
March 2005, in which it:

Judges; F.G.

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directives
2002/19/EC of the European Parliament and of the Council of 7
March 2002 on access to, and interconnection of, electronic
communications networks and associated facilities (Access Direc-
tive), 2002/20/EC of the European Parliament and of the Council
of 7 March 2002 on the authorisation of electronic communica-
tions
(Authorisation 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
2002/22/EC of the European Parliament and of the Council of 7
March 2002 on universal service and users' rights relating to elec-
tronic communications networks and services (Universal Service
Directive), the Kingdom of Belgium has failed to fulfil its obliga-
tions under those directives.

networks

services

and

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 190, 24.07.2004.

ORDER OF THE COURT

(Second Chamber)

of 17 February 2005

in Case C-250/03: Reference for a preliminary ruling from
the Tribunale amministrativo regionale per la Lombardia
in Giorgio Emanuele Mauri v Ministero della Giustizia,
Commissione per gli esami di avvocato presso la Corte
d'appello di Milano (1)

(Article 104(3) of the Rules of Procedure — Access to the
profession of advocate — Rules on the examination for
authorisation to practise as an advocate)

(2005/C 115/17)

(Language of the case: Italian)

In Case C-250/03: reference for a preliminary ruling under
Article 234 EC from the Tribunale amministrativo regionale
per la Lombardia, (Italy), made by decision of 13 November
2002, received at the Court on 11 June 2003, in the proceed-
ings between Giorgio Emanuele Mauri and Ministero della
Giustizia, Commissione per gli esami di avvocato presso la
Corte d'appello di Milano — the Court (Second Chamber),
composed of C.W.A. Timmermans (Rapporteur), President of
the Chamber, C. Gulmann, R. Schintgen, J. Makarczyk and J.
Klučka, Judges; P. Léger, Advocate General; R. Grass, Registrar,
made an order on 17 February 2005, the operative part of
which is as follows: