Case C-234/07: Action brought on 10 May 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-07-07
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, consumer protection, national implementing measure, regulation of telecommunications, telephone, transmission network

C 155/16

EN

Official Journal of the European Union

7.7.2007

Action brought on 8 May 2007 — Commission of the
European Communities v Kingdom of the Netherlands

Form of order sought

(Case C-230/07)

(2007/C 155/30)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and M. Shotter, acting as Agents)

— a declaration that, by failing to ensure in practice, to the
extent technically feasible, that information on the location
of callers, for all calls made to the European emergency
number 112, is made available to the authorities responsible
for handling emergencies, the Portuguese Republic has failed
its obligations under Article 26 (3) of Directive
to fulfil
2002/22/EC (1) of
the
Council of 7 March 2002 on universal service and users'
rights relating to electronic communications networks and
services (Universal Service Directive);

the European Parliament and of

— an order that the Portuguese Republic should pay the costs.

Defendant: Kingdom of the Netherlands

Pleas in law and main arguments

Form of order sought

— declaration that the Kingdom of the Netherlands has failed
to fulfil
its obligations under Article 26(3) of Directive
2002/22/EC (1) by failing to ensure that, to the extent tech-
nically feasible, caller location information is made available
for calls to the European emergency call number ‘112’;

— order that the Kingdom of the Netherlands pay the costs.

The period prescribed for transposition of the directive into
domestic law expired on 24 July 2004.

(1) OJ 2002 L 108, p. 51.

Pleas in law and main arguments

Action brought on 22 May 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

The period prescribed for transposing Directive 2002/22/EC
into national law expired on 24 July 2003.

(1) Directive 2002/22/EC of

the
Council of 7 March 2002 on universal service and users' rights
and services
relating to electronic
(Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).

the European Parliament and of

communications networks

(Case C-244/07)

(2007/C 155/32)

Language of the case: French

Action brought on 10 May 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-234/07)

(2007/C 155/31)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Shotter and G. Braga da Cruz, Agents)

Defendant: Portuguese Republic

Parties

Applicant: Commission of the European Communities (repre-
sented by: P. Dejmek and N. Yerrell, Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2004/50/EC of the European Parliament and of the Council
of 29 April 2004 amending Council Directive 96/48/EC on
the interoperability of
the trans-European high-speed rail
system and Directive 2001/16/EC of the European Parlia-
ment and of the Council on the interoperability of the trans-
European conventional rail system (1), the Grand Duchy of
Luxembourg has failed to fulfil its obligations under Article 4
of that directive;