CELEX: C2005/330/05
Language: en
Date: 2005-12-24 00:00:00
Title: Judgment of the Court (First Chamber) of  20 October 2005  in Case C-334/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 90/388/EEC — Telecommunications — Article 4d — Rights of way — Lack of a guarantee of non-discrimination in the grant of rights of way — Non-transposition)

24.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 330/3
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 20 October 2005
   in Case C-334/03: Commission of the European Communities v Portuguese Republic (1)
   
   (Failure of a Member State to fulfil obligations - Directive 90/388/EEC - Telecommunications - Article 4d - Rights of way - Lack of a guarantee of non-discrimination in the grant of rights of way - Non-transposition)
   (2005/C 330/05)
   Language of the case: Portuguese
   In Case C-334/03 Commission of the European Communities (Agents: A. Alves Vieira, S. Rating and G. Braga da Cruz) v Portuguese Republic (Agents: L. Fernandes and P. de Pitta e Cunha) — action under Article 226 EC for failure to fulfil obligations, brought on 30 July 2003 — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann, N. Colneric (Rapporteur), J.N. Cunha Rodrigues and E. Levits, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 20 October 2005, in which it:
   
               1.
            
            
               Declares that, by failing to ensure the transposition of Article 4d of Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services, as amended by Commission Directive 96/19/EC of 13 March 1996, the Portuguese Republic has failed to fulfil its obligations;
            
         
               2.
            
            
               Orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 251, de 18.10.2003.