CELEX: C2001/369/04
Language: en
Date: 2001-12-22 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 October 2001 in Case C-429/99: Commission of the European Communities v Portuguese Republic (Telecommunications — Directives 90/388/EEC and 96/19/EC — Voice telephony — "Callback" services — Portugal Telecom)

22.12.2001                EN                    Official Journal of the European Communities                                            C 369/3
                   JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                           (Sixth Chamber)                                                            (Fifth Chamber)
                         of 16 October 2001                                                        of 25 October 2001
in Case C-429/99: Commission of the European Communi-
                   ties v Portuguese Republic (1)                          in Case C-475/99 (reference for a preliminary ruling
                                                                           from the Oberverwaltungsgericht Rheinland-Pfalz): Firma
                                                                                Ambulanz Glöckner v Landkreis Südwestpfalz (1)
(Telecommunications — Directives 90/388/EEC and
96/19/EC — Voice telephony — ‘Callback’ services —
                           Portugal Telecom)                               (Articles 85, 86 and 90 of the EC Treaty (now Articles 81
                                                                           EC, 82 EC and 86 EC) — Transport of sick or injured
                                                                           persons by ambulance — Special or exclusive rights —
                            (2001/C 369/04)                                Restriction of competition — Public interest task — Justifi-
                                                                                  cation — Effect on trade between Member States)
                   (Language of the case: Portuguese)
                                                                                                      (2001/C 369/05)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                            (Language of the case: German)
                                                                           (Provisional translation; the definitive translation will be published
In Case C-429/99: Commission of the European Communities                                       in the European Court Reports)
(Agent: A. Alves Vieira) v Portuguese Republic (Agents:
L. Fernandes, P. de Pitta e Cunha and N. Ruiz) application for
a declaration that, by not adopting all the measures necessary
to comply with the fourth subparagraph of Article 2(2) of
                                                                           In Case C-475/99: reference to the Court under Article 177 of
Commission Directive 90/388/EEC of 28 June 1990 on
                                                                           the EC Treaty (now Article 234 EC) from the Oberverwaltungs-
competition in the markets for telecommunications services
                                                                           gericht Rheinland-Pfalz (Germany) for a preliminary ruling in
(OJ 1990 L 192, p. 10), in the version resulting from
                                                                           the proceedings pending before that court between Firma
Commission Directive 96/19/EC of 13 March 1996 amending
                                                                           Ambulanz Glöckner v Landkreis Sildwestpfalz, joined parties:
Directive 90/388/EEC with regard to the implementation of
                                                                           Arbeiter-Samariter-Bund Landesverband Rheinland-Pfalz eV,
full competition in telecommunications markets (OJ 1996
                                                                           Deutsches Rotes Kreuz Landesverband Rheinland-Pfalz eV,
L 74, p. 13), the Portuguese Republic has failed to fulfil its
                                                                           and Vertreter des öffentlichen Interesses, Mainz — on the
obligations under that provision — the Court (Sixth Chamber),
                                                                           interpretation of Articles 85, 86 and 90 of the EC Treaty (now
composed of: F. Macken, President of the Chamber, N. Colne-
                                                                           Articles 81 EC, 82 EC and 86 EC — the Court, composed
ric, C. Gulmann (Rapporteur), J.-P. Puissochet, and V. Skouris,
                                                                           of: A. La Pergola, President of the Chamber, M. Wathelet
Judges; P. Léger, Advocate General; R. Grass, Registrar, has
                                                                           (Rapporteur), D.A.O. Edward, S. von Bahr and C.W.A. Timmer-
given a judgment on 16 October 2001, in which it:
                                                                           mans, Judges; F.G. Jacobs, Advocate General; H.A. Rühl,
                                                                           Principal Administrator, for the Registrar, has given a judgment
1.    Declares that by postponing until 1 January 2000 the abolition       on 25 October 2001, in which it has ruled:
      of the exclusive rights enjoyed by Portugal Telecom in respect of
      the ‘call-back’ system, the Portuguese Republic has failed to        —     A national provision such as Paragraph 18(3) of the Rettungs-
      fulfil its obligations under the fourth subparagraph of Article            dienstgesetz, as enacted on 22 April 1991, under which the
      2(2) of Commission Directive 90/388/EEC of 28 June 1990                    authorisation necessary for providing ambulance transport
      on competition in the markets for telecommunications services,             services will be refused by the competent authority if its use
      in the version resulting from Commission Directive 96/19/EC                might prejudice the functioning and profitability of the public
      of 13 March 1996 amending Directive 90/388 with regard                     emergency ambulance service, the operation of which has been
      to the implementation of full competition in telecommunications            an entrusted to medical aid organisations like those involved in
      markets;                                                                   the main proceedings, is of a nature such as to confer on the
                                                                                 latter organisations a special or exclusive right within the
2.    Orders the Portuguese Republic to pay the costs.                           meaning of Article 90(1) of the Treaty (now Article 86(1) EC);
                                                                           —     where the decision to grant or refuse that authorisation is taken
(1) OJ C 34 of 5.2.2000.                                                         unilaterally by the competent authorities entirely on their own
                                                                                 responsibility, according to the conditions laid down by law and
                                                                                 in the absence of any agreement or concertation by those
                                                                                 authorities with the medical aid organisations themselves, or