CELEX: 62007CA0492
Language: en
Date: 2009-01-22 00:00:00
Title: Case C-492/07: 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 its obligations — Directive 2002/21/EC — Electronic communications networks and services — Definition of subscriber)

21.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/9
            
         Judgment of the Court (Fifth Chamber) of 22 January 2009 — Commission of the European Communities v Republic of Poland
   (Case C-492/07) (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 2002/21/EC - Electronic communications networks and services - Definition of subscriber)
   (2009/C 69/14)
   Language of the case: Polish
   Parties
   
      Applicant: Commission of the European Communities (represented by: A. Nijenhuis and K. Mojzesowicz, acting as Agents)
   
      Defendant: Republic of Poland (represented by: M. Dowgielewicz, Agent)
   Re:
   Failure of a Member State to fulfil its 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 of the judgment
   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.
            
         
      (1)  OJ C 22, 26.1.2008.