Case C-424/07: Judgment of the Court (Fourth Chamber) of 3 December 2009 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Electronic communications — Directive 2002/19/EC — Directive 2002/21/EC — Directive 2002/22/EC — Networks and services — National rules — New markets)
Date: 2009-12-03
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, competition law, electronic mail, judgment of the Court (EU), regulation of telecommunications, telecommunications, transmission network








C_2010113EN.01000301.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/3





Judgment of the Court (Fourth Chamber) of 3 December 2009 — European Commission v Federal Republic of Germany
(Case C-424/07) (1)

(Failure of a Member State to fulfil obligations - Electronic communications - Directive 2002/19/EC - Directive 2002/21/EC - Directive 2002/22/EC - Networks and services - National rules - New markets)
2010/C 113/03
Language of the case: German

Parties


Applicant: European Commission (represented by: G. Braun and A. Nijenhuis, Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma, Agent, C. Koenig, Professor and S. Loetz, Rechtsanwalt)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 8(4) of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Articles 6, 7, 8(1), 15(3) and 16 of 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) (OJ 2002 L 108, p. 33), as well as Article 17(2) 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) — Definition, analysis and regulation of new markets — National provisions defining ‘new markets’ in general and laying down restrictive conditions concerning regulation of those markets by the national regulatory authority as well as use of the consultation procedure provided for in Community law in connection with the definition and analysis of those markets

Operative part of the judgment

The Court:






1.


Declares that, by adopting Paragraph 9a of the Law on Telecommunications (Telekommunikationsgesetz), of 22 June 2004, the Federal Republic of Germany has failed to fulfil its obligations under Article 8(4) of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), Articles 6 to 8(1) and (2), 15(3) and 16 of 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), and Article 17(2) 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);










2.


Orders the Federal Republic of Germany to pay the costs.






(1)  OJ C 283, 24.11.2007.