CELEX: C2002/180/14
Language: en
Date: 2002-07-27 00:00:00
Title: Judgment of the Court (Third Chamber) of 13 June 2002 in Case C-286/01: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Telecommunications — Open network — Universal service)

C 180/8                   EN                       Official Journal of the European Communities                                             27.7.2002
                  JUDGMENT OF THE COURT                                                           JUDGMENT OF THE COURT
                            (First Chamber)                                                                 (Third Chamber)
                             of 6 June 2002                                                                  of 13 June 2002
in Case C-274/01: Commission of the European Communi-                         in Case C-286/01: Commission of the European Communi-
                  ties v Kingdom of Belgium (1)                                                        ties v French Republic (1)
(Failure by a Member State to fulfil its obligations —                        (Failure by a Member State to fulfil its obligations —
Directive 98/76/EC — Failure to transpose within the                           Telecommunications — Open network — Universal service)
                           prescribed period)
                                                                                                             (2002/C 180/14)
                            (2002/C 180/13)
                                                                                                      (Language of the case: French)
                     (Language of the case: French)
                                                                              (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published
                                                                                                     in the European Court Reports)
                    in the European Court Reports)
In Case C-274/01, Commission of the European Communities                      In Case C-286/01, Commission of the European Communities
(Agent: M. Wolfcarius) v Kingdom of Belgium (Agent: F. van                    (Agents: P. Nemitz and B. Mongin, and, subsequently, H. van
de Craen): Application for a declaration that, by failing to                  Lier) v French Republic (Agents: G. de Bergues and A. Bréville-
adopt the laws, regulations and administrative provisions                     Viéville, and, subsequently, G. de Bergues and V. Dan):
necessary to comply with Council Directive 98/76/EC of                        Application for a declaration that, by failing to bring into
1 October 1998 amending Directive 96/26/EC on admission                       force, within the prescribed period, all the laws, regulations
to the occupation of road haulage operator and road passenger                 and administrative provisions necessary to implement Direc-
transport operator and mutual recognition of diplomas, certifi-               tive 98/10/EC of the European Parliament and of the Council
cates and other evidence of formal qualifications intended to                 of 26 February 1998 on the application of open network
facilitate for these operators the right to freedom of establish-             provision (ONP) to voice telephony and on universal service
ment in national and international transport operations                       for telecommunications in a competitive environment (OJ
(OJ 1998 L 277, p. 17), the Kingdom of Belgium has failed to                  1998 L 101, p. 24) and, in particular, Articles 6(3) and (4), 10,
fulfil its obligations under that directive, the Court (First                 21 and 26 thereof, the French Republic has failed to fulfil its
Chamber), composed of: P. Jann (Rapporteur), President of the                 obligations under Article 32 of that directive and Article 249
Chamber, M. Wathelet and A. Rosas, Judges; S. Alber, Advocate                 EC, the Court (Third Chamber), composed of: F. Macken,
General; R. Grass, Registrar, has given a judgment on 6 June                  President of the Chamber, C. Gulmann (Rapporteur) and
2002, in which it:                                                            J.-P. Puissochet, Judges; J. Mischo, Advocate General; R. Grass,
                                                                              Registrar, has given a judgment on 13 June 2002, in which it:
1.    Declares that, by failing to adopt within the prescribed period
      the laws, regulations and administrative provisions necessary to        1.     Declares that, by failing to bring into force, within the
      comply with Council Directive 98/76/EC of 1 October 1998                       prescribed period, all the laws, regulations and administrative
      amending Directive 96/26/EC on admission to the occupation                     provisions necessary to implement Directive 98/10/EC of the
      of road haulage operator and road passenger transport operator                 European Parliament and of the Council of 26 February 1998
      and mutual recognition of diplomas, certificates and other                     on the application of open network provision (ONP) to voice
      evidence of formal qualifications intended to facilitate for these             telephony and on universal service for telecommunications in a
      operators the right to freedom of establishment in national and                competitive environment and, in particular, Articles 6(3) and
      international transport operations, the Kingdom of Belgium                     (4), 10, 21 and 26 thereof, the French Republic has failed to
      has failed to fulfil its obligations under that directive;                     fulfil its obligations under Article 32 of that directive;
2.    Orders the Kingdom of Belgium to pay the costs.                         2.     Orders the French Republic to pay the costs.
(1) OJ C 245 of 1.9.2001.                                                     (1) OJ C 245 of 1.9.2001.