CELEX: 62007CJ0492
Language: en
Date: 2009-01-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 22 January 2009. # Commission of the European Communities v Republic of Poland. # Failure of a Member State to fulfil obligations - Directive 2002/21/EC - Electronic communications networks and services - Definition of subscriber. # Case C-492/07.

Judgment of the Court (Fifth Chamber) of 22 January 2009 – Commission v Poland
      (Case C‑492/07)
      Failure of a Member State to fulfil obligations – Directive 2002/21/EC – Electronic communications networks and services – Definition of subscriber
      1.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Production of evidence showing
            failure – Incumbent on Member State concerned to refute evidence (Art. 226 EC) (see paras 17, 20)
      2.                     Member States – Obligations – Supervisory tasks assigned to the Commission – Duty of the Member States – Cooperation in inquiries
            into whether a Member State has failed to fulfil its Treaty obligations – Obligation to notify and supply information (Art.
            10 EC, 211 EC and 226 EC; European Parliament and Council Directive 2002/21, Art. 28(3)) (see paras 17-19)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period the necessary measures to
                  comply with Article 2(k) 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) – Definition
                  of subscriber.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to transpose correctly 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 in particular
                     Article 2(k) thereof with reference to the definition of ‘subscriber’, the Republic of Poland has failed to fulfil its obligations
                     under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Republic of Poland to pay the costs.