Judgment of the Court (Third Chamber) of 7 October 2010 - European Commission v Portuguese Republic
(Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Electronic communications - Networks and services - Articles 3(2) and 8(2) - Designation of undertakings responsible for universal service obligations - Incorrect transposition)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: P. Guerra e Andrade and A. Nijenhuis, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent and L. Morais, lawyer)
Re:
Failure of a Member State to fulfil obligations - Infringement of Articles 3(2) and 8(2) 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) - Designation of undertakings responsible for universal service obligations
Operative part of the judgment
The Court:
1. Declares that, by failing to correctly transpose into national law the provisions of European Union law governing the designation of universal service provider(s) and, in any event, by failing to ensure in practice that those provisions are applied, the Portuguese Republic has failed to fulfil its obligations under Articles 3(2) and 8(2) 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 Portuguese Republic to pay the costs.
____________1 - OJ C 153, 4.7.2009.