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. |