Case C-493/07: Judgment of the Court (Eighth Chamber) of 25 July 2008 — Commission of the European Communities v Slovak Republic (Failure of a Member State to fulfil obligations — Directive 2002/22/EC — Article 26(3) — Electronic communications — Networks and services — Single European emergency call number — Failure to transpose within the period prescribed)
Date: 2008-07-25
Institutions: Court of Justice
Subjects: European Commission, Slovakia, access to information, action for failure to fulfil an obligation, civil defence, first aid, telephone

C 236/4

EN

Official Journal of the European Union

13.9.2008

Parties to the main proceedings

Defendant: Slovak Republic (represented by: J. Čorba, Agent)

Applicant: Dieter Janecek

Defendant: Freistaat Bayern

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht
— Interpretation of Article 7(3) of Council Directive 96/62/EC
of 27 September 1996 on ambient air quality assessment and
management (OJ 1996 L 296, p. 55) — Entitlement of a third
party whose health is impaired to have an action plan drawn up
as provided for by the Directive, where that
third party is
entitled under national
law to bring legal proceedings for
measures to prevent the value limits of particulate matter being
exceeded

Operative part of the judgment

1) Article 7(3) of Council Directive 96/62/EC of 27 September
1996 on ambient air quality assessment and management, as
amended by Regulation (EC) No 1882/2003 of the European
Parliament and of the Council of 29 September 2003, must be
interpreted as meaning that, where there is a risk that the limit
values or alert
exceeded, persons directly
concerned must be in a position to require the competent national
authorities to draw up an action plan, even though, under national
law, those persons may have other courses of action available to
them for requiring those authorities to take measures to combat
atmospheric pollution.

thresholds may be

2) The Member States are obliged, subject to judicial review by the
national courts, only to take such measures — in the context of an
action plan and in the short term — as are capable of reducing to
a minimum the risk that the limit values or alert thresholds may
be exceeded and of ensuring a gradual return to a level below those
values or thresholds, taking into account the factual circumstances
and all opposing interests.

(1) OJ C 183, 4.8.2007.

Judgment of the Court (Eighth Chamber) of 25 July 2008
— Commission of the European Communities v Slovak
Republic

(Case C-493/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/22/EC — Article 26(3) — Electronic communications
— Networks and services — Single European emergency call
number — Failure to transpose within the period prescribed)

(2008/C 236/06)

Language of the case: Slovak

Re:

Failure of a Member State to fulfil obligations — Failure to take
within the prescribed period the necessary measures to comply
with Article 26(3) 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)

Operative part of the judgment

The Court:

1. Declares that, by failing to ensure that that undertakings which
operate public telephone networks make, in so far as it is technically
feasible, caller location information available to authorities hand-
ling emergencies for calls to the single European emergency call
number ‘112’, the Slovak Republic has failed to fulfil its obliga-
tions under Article 26(3) 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 communica-
tions networks and services (Universal Service Directive);

2. Orders the Slovak Republic to pay the costs.

(1) OJ C 315, 22.12.2007.

Judgment of the Court (Grand Chamber) of 25 July 2008
(reference for a preliminary ruling from the High Court of
Ireland) — Blaise Baheten Metock, Hanette Eugenie Ngo
Ikeng, Christian Joel Baheten, Samuel Zion Ikeng Baheten,
Hencheal Ikogho, Donna Ikogho, Roland Chinedu, Marlene
Babucke Chinedu, Henry Igboanusi, Roksana Batkowska v
Minister for Justice, Equality and Law Reform

(Case C-127/08) (1)

(Directive 2004/38/EC — Right of Union citizens and their
family members to move and reside freely in the territory of a
Member State — Family members who are nationals of
non-member countries — Nationals of non-member countries
who entered the host Member State before becoming spouses
of Union citizens)

(2008/C 236/07)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Braun and J. Javorský, Agents)

Referring court

High Court of Ireland