Case C-220/07: Judgment of the Court (Fourth Chamber) of 19 June 2008 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 2002/22/EC — Electronic communications — Designation of the undertakings entrusted with the provision of universal service — Incorrect transposition)
Date: 2008-06-19
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, competition law, national implementing measure, transmission network, universal service

C 209/12

EN

Official Journal of the European Union

15.8.2008

It is for the national court to determine:

Re:

— whether the drawing up of the national list of species of mammals
which may be held and subsequent amendments to that list are
based on objective and non-discriminatory criteria;

— whether a procedure enabling interested parties to have species of
mammals included in that list is provided for, readily accessible
and can be completed within a reasonable time, and whether,
where there is a refusal to include a species, it being obligatory to
state the reasons for that refusal, that refusal decision is open to
challenge before the courts;

— whether applications

to obtain the inclusion of a species of
mammal in that list or to obtain individual derogations to hold
specimens of species not included in that list may be refused by the
competent administrative authorities only if the holding of speci-
mens of the species concerned poses a genuine risk to the protection
of the abovementioned interests and requirements; and

Failure of a Member State to fulfil its obligations — Incorrect
transposition [of Articles 8, 12 and 13] of Directive
2002/22/EC of the European Parliament and of the Council of
7 March 2002 on universal service and users' rights relating to
electronic communications networks and services (‘Universal
Service Directive’) (OJ 2002 L 108, p. 51) — Obligation to use
an efficient, objective,
transparent and non-discriminatory
mechanism to designate undertakings entrusted with the provi-
sion of universal service — National
legislation immediately
excluding economic operators which are not capable of ensuring
the provision of that service throughout the national territory

Operative part of the judgment

The Court:

— whether conditions for

list,

in that

such as

referred to

the holding of specimens of mammals
not
in
Article 3bis(2)(3)(b) and (6) of the Law of 14 August 1986
concerning the protection and welfare of animals, as amended by
the Law of 4 May 1995, are objectively justified and do not go
beyond what is necessary to achieve the objective pursued by the
national legislation as a whole.

those

out

set

1. Declares that, by transposing into national law in the way it did
the undertakings
concerning the designation of
the provisions
capable of guaranteeing the provision of universal service,
the
French Republic failed to fulfil its obligations under Articles 8(2),
12 and 13 and Annex IV of Directive 2002/22/EC of the Euro-
pean Parliament and of the Council of 7 March 2002 on universal
communications
service and users'
networks and services (‘Universal Service Directive’).

relating to electronic

rights

(1) OJ C 155, 7.7.2007.

2. Orders the French Republic to bear the costs.

(1) OJ C 211 of 8.9.2007.

Judgment of the Court (Fourth Chamber) of 19 June 2008
— Commission of the European Communities v French
Republic

(Case C-220/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
2002/22/EC — Electronic communications — Designation of
the undertakings entrusted with the provision of universal
service — Incorrect transposition)

(2008/C 209/16)

Language of the case: French

Judgment of the Court (Eighth Chamber) of 24 June 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-272/07) (1)

(Public procurement — Directive 2004/18/EC — Coordination
of procedures for the award of public works contracts, public
supply contracts and public service contracts — Failure to
implement within the prescribed time-limit)

(2008/C 209/17)

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: J.-P. Keppenne and M. Shotter, Agents)

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Kukovec, Agents,)

Defendant: French Republic (represented by: G. de Bergues and
B. Messmer, Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, Agent)