CELEX: 62009CN0154
Language: en
Date: 2009-05-04 00:00:00
Title: Case C-154/09: Action brought on 4 May 2009 — Commission of the European Communities v Portuguese Republic

4.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 153/28
            
         Action brought on 4 May 2009 — Commission of the European Communities v Portuguese Republic
   (Case C-154/09)
   2009/C 153/52
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: P. Guerra e Andrade and A. Nijenhuis, acting as Agents)
   
      Defendant: Portuguese Republic
   
      Forms of order sought
   
   
               —
            
            
               Declare that, by failing to transpose correctly into national law the rules of Community law governing the designation of the universal service provider or providers, and, in any event, by failing to ensure in practice that those rules are applied, the Portuguese Republic has failed to fulfil its obligations under Articles 3(2) and 8(2) of Directive 2002/22/EC. (1)
               
            
         
               —
            
            
               Order the Portuguese Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   Article 121 of the Portuguese Law on Electronic Communications (Law No 5/2004 of 10 February) retains the public service, the exclusive public service concession and the corresponding rights and obligations until 2025, with PT Comunicações SA holding the concession for the public telecommunications service.
   The Commission submits that, in terms of designating the companies responsible for providing the universal service, the Portuguese Law on Electronic Communications is confused, incoherent and inconsistent.
   Consequently, the Portuguese State has failed to designate, by means of an efficient, objective, transparent and non-discriminatory procedure, the company or companies responsible for providing the universal service, as laid down by Article 8(2) in conjunction with Article 3(2) of Directive 2002/22.
   
      (1)  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).