Judgment of the Court (Fifth Chamber) of  15 December 2005  in Case C-252/04: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2002/22/EC — Electronic communications networks and services — Universal Service — Failure to transpose within the period prescribed)
Date: 2006-02-25
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, consumer protection, electronic mail, national implementing measure, telecommunications, transmission network, universal service

25.2.2006

EN

Official Journal of the European Union

C 48/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 December 2005

(Grand Chamber)

of 10 January 2006

in Case C-252/04: Commission of the European Commu-
nities v Hellenic Republic (1)

in Case C-302/04, Reference for a preliminary ruling from
the Szombathelyi Városi Bíróság Ynos kft v János Varga (1)

(Failure of a Member State to fulfil obligations — Directive
2002/22/EC — Electronic communications networks and
services — Universal Service — Failure to transpose within
the period prescribed)

(2006/C 48/13)

(Article 234 EC — Directive 93/13/EEC — Consumers —
Unfair terms — National legislation adapted to comply with
the directive after conclusion by a non-member State of an
association agreement with the European Communities and
before that State acceded to the European Union — Lack of
jurisdiction of the Court)

(Language of the case: Greek)

(2006/C 48/14)

In Case C-252/04 Commission of the European Communities
(Agents: G. Zavvos and M. Shotter) v Hellenic Republic (Agent:
N. Dafniou) — ACTION for a declaration of failure to fulfil
obligations pursuant to Article 226 EC, brought on 14 June
2004 — the Court (Fifth Chamber), composed of J. Makarczyk,
President of the Chamber, R. Silva de Lapuerta and P. Kūris
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 15 December 2005,
in
which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2000/22/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 Hellenic Republic has failed to fulfil its obligations
under that directive.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 201, 7.8.2004.

(Language of the case: Hungarian)

In Case C-302/04; reference for a preliminary ruling under
Article 234 EC from the Szombathelyi Városi Bíróság
(Hungary), made by decision of 10 June 2004, received at the
Court on 14 July 2004, in the proceedings between Ynos kft
and János Varga — the Court (Grand Chamber), composed of
V. Skouris, President, P.
Jann, A. Rosas, K. Schiemann and
J. Makarczyk, Presidents of Chambers, C. Gulmann, A. La
Pergola, K. Lenaerts, P. Kūris, E. Juhász, G. Arestis, M. Ilešič
(Rapporteur) and A. Ó Caoimh, Judges; A. Tizzano, Advocate
General; B. Fülöp, Administrator, for the Registrar, gave a judg-
ment on 10 January 2006, the operative part of which is as
follows:

In circumstances such as those of the dispute in the main proceedings,
the facts of which occurred prior to the accession of a State to the
European Union, the Court of Justice does not have jurisdiction to
answer the first and second questions.

(1) OJ C 251 of 09.10.2004.