CELEX: 62007CJ0220
Language: en
Date: 2008-06-19 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 19 June 2008.#Commission of the European Communities v French Republic.#Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Electronic communications - Designation of the undertakings entrusted with the provision of universal service - Incorrect transposition.#Case C-220/07.

Judgment of the Court (Fourth Chamber) of 19 June 2008 – Commission v France
      (Case C‑220/07)
      Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Electronic communications – Designation of the undertakings entrusted with the provision of universal service – Incorrect transposition
      Approximation of laws – Telecommunications sector – Universal service and users’ rights – Directive 2002/22 (European Parliament and Council Directive 2002/22, Arts 8(2), 12 and 13, and Annex IV) (see paras 30-34,
         45-46)
      
      Re:
      
         Failure of a Member State to fulfil its obligations – Incorrect transposition [of Articles 8, 12 and 13] 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) – Obligation to use an efficient,
                  objective, transparent and non-discriminatory mechanism to designate undertakings entrusted with the provision of universal
                  service – National legislation excluding 
               
               a priori 
               economic operators which are not capable of ensuring the provision of that service throughout the national territory.
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by transposing into national law in the manner in which it did so the provisions concerning the designation
                     of the undertakings capable of guaranteeing the provision of universal service, the French Republic failed to fulfil its obligations
                     under Articles 8(2), 12 and 13 of and Annex IV to 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 French Republic to bear the costs.