CELEX: 62007CJ0230
Language: en
Date: 2008-10-09
Title: Judgment of the Court (Eighth Chamber) of 9 October 2008. # Commission of the European Communities v Kingdom of the Netherlands. # Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Electronic communications - Single European emergency call number - Caller location - Failure to transpose within the prescribed period. # Case C-230/07.

Judgment of the Court (Eighth Chamber) of 9 October 2008 – Commission v Netherlands
      (Case C‑230/07)
      Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Electronic communications – Single European emergency call number – Caller location – Failure to transpose within the prescribed period
      Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible (Art. 226 EC) (see paras 16-21)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Article 26(3) of 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).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that by not making, for calls to the single European emergency call number ‘112’, caller location information available
                     to authorities handling emergencies, to the extent technically feasible, the Kingdom of the Netherlands has failed to fulfil
                     its obligations under Article 26(3) of 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);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of the Netherlands to pay the costs;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Republic of Lithuania to bear its own costs.