Judgment of the Court (Fifth Chamber) of  15 December 2005  in Case C-254/04: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2002/20/EC — Electronic communications networks and services — Authorisation — Failure to transpose within the prescribed period)
Date: 2006-02-11
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, approximation of laws, electronic mail, national implementing measure, service, telecommunications, transmission network

11.2.2006

EN

Official Journal of the European Union

C 36/13

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 December 2005

in Case C-253/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2002/21/EC — Electronic communications networks and
services — Common regulatory framework — Failure to
transpose within the prescribed period)

(2006/C 36/23)

N. Dafniou) — action for failure to fulfil obligations under
Article 226 EC, brought on 14 June 2004 — the Court (Fifth
Chamber),
the
Chamber, R. Silva de Lapuerta and P. Kūris (Rapporteur),
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, gave
a judgment on 15 December 2005, in which it:

J. Makarczyk, President of

composed of

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2002/20/EC of the European Parliament and of the Council of 7
March 2002 on the authorisation of electronic communications
the Hellenic
networks and services
Republic has failed to fulfil its obligations under that directive.

(Authorisation Directive),

(Language of the case: Greek)

2. Orders the Hellenic Republic to pay the costs.

In Case C-253/04 Commission of the European Communities
(Agents: G. Zavvos and M. Shotter) v Hellenic Republic (Agent:
N. Dafniou) — action for failure to fulfil obligations under
Article 226 EC, brought on 14 June 2004 — the Court (Fifth
Chamber),
the
Chamber, R. Silva de Lapuerta and P. Kūris (Rapporteur),
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, gave
a judgment on 15 December 2005, in which it:

J. Makarczyk, President of

composed of

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with 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), the
Hellenic Republic has failed to fulfil
its obligations under that
directive.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 201, 07.08.2004

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 December 2005

in Case C-254/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2002/20/EC — Electronic communications networks and
services — Authorisation — Failure to transpose within the
prescribed period)

(2006/C 36/24)

(Language of the case: Greek)

In Case C-254/04 Commission of the European Communities
(Agents: G. Zavvos and M. Shotter) v Hellenic Republic (Agent:

(1) OJ C 201, 07.08.2004

JUDGMENT OF THE COURT

(Third Chamber)

of 8 December 2005

in Case C-280/04 Reference for a preliminary ruling from
the Vestre Landsret (Denmark) Jyske Finans A/S v Skatte-
ministeriet (1)

(Sixth VAT Directive — Article 13B(c) — Exemptions —
Exemption of supplies of goods excluded from the right to
deduct — Resale of motor cars purchased second-hand by a
leasing company — Article 26a — Special arrangements for
sales of second-hand goods)

(2006/C 36/25)

(Language of the case: Danish)

In Case C-280/04: reference for a preliminary ruling under
Article 234 EC from the Vestre Landsret (Denmark), made by
decision of 25 June 2004, received at the Court on 29 June
2004, in the proceedings pending before that court between
Jyske Finans A/S v Skatteministeriet — the Court:
(Third
Chamber) composed of A. Rosas, President of the Chamber, J.
Malenovský (Rapporteur), J.-P. Puissochet, S. von Bahr and U.
Lõhmus,
Judges; L.A. Geelhoed, Advocate General, H. von
Holstein, Deputy Registrar, gave a judgment on 8 December
2005, the operative part of which is as follows: