CELEX: C2004/262/19
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-113/03: Commission of the European v French Republic (Failure of a Member State to fulfil obligations — Telecommunications — Directive 97/33/CE — Number portability service — Non-geographic numbers)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/10
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 9 September 2004
   in Case C-113/03: Commission of the European v French Republic (1)
   
   (Failure of a Member State to fulfil obligations - Telecommunications - Directive 97/33/CE - Number portability service - Non-geographic numbers)
   (2004/C 262/19)
   Language of the case: French
   In Case C-113/03: action under Article 226 EC for failure to fulfil obligations, brought on 13 March 2003, Commission of the European Communities (Agents: C. Giolito and M. Shotter) v French Republic (Agents: G. de Bergues and C. Lemaire) — the Court (Fifth Chamber), composed of: C. Gulmann (Rapporteur), President of the Chamber, S. von Bahr and R. Silva de Lapuerta, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a judgment on 9 September 2004, in which it:
   
               1.
            
            
               Declares that, by failing to ensure that portability of non-geographic numbers was available on 1 January 2000 at the latest, as required by Article 12(5) of Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP), as amended by Article 1(2) of Directive 98/61/EC of the European Parliament and of the Council of 24 September 1998 with regard to operator number portability and carrier pre-selection, the French Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 113 of 10.5.2003.