CELEX: 62006CJ0387
Language: en
Date: 2008-01-10 00:00:00
Title: Judgment of the Court (Second Chamber) of 10 January 2008. # Commission of the European Communities v Republic of Finland. # Failure of a Member State to fulfil obligations - Telecommunications sector - Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) - Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) - Electronic communications networks and services - Fixed and mobile telephone networks - Termination of calls - Incoming traffic - Limit on the powers of the national authority for communications regulation. # Case C-387/06.

Judgment of the Court (Second Chamber) of 10 January 2008 – Commission v Finland
      (Case C‑387/06)
      Failure of a Member State to fulfil obligations – Telecommunications sector – Article 8(1), (2)(b) and (3)(c) of Directive 2002/21/EC (‘Framework’ Directive) – Article 8(1) and (4) of Directive 2002/19/EC (‘Access’ Directive) – Electronic communications networks and services – Fixed and mobile telephone networks – Termination of calls – Incoming traffic – Limit on the powers of the national authority for communications regulation
      1.                     Procedure – Application initiating proceedings – Formal requirements (Rules of Procedure of the Court of Justice, Art. 38(1)(c))
            (see para. 14)
      2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission (Art. 226 CE) (see paras
            24-25)
      Re: 
      
         
               Action for failure of a Member State to fulfil its obligations – Failure to fulfil obligations under Article 8(1), (2)(b)
                  and (3)(c) 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 (OJ 2002 L 108, p. 33) and under Article 8(1) and (4) of Directive 2002/19/EC
                  of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications
                  networks and associated facilities (‘Access’ Directive) (OJ 2002 L 108, p. 7).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Commission of the European Communities and the Republic of Finland to bear their own costs.