Judgment of the Court (Eighth Chamber) of 9 October 2008 – Commission v Netherlands
(Case C‑230/07)
Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Electronic communications – Single European emergency call number – Caller location – Failure to transpose within the prescribed period
Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible (Art. 226 EC) (see paras 16-21)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Article 26(3) 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 L108, p.51). |
Operative part
The Court:
1. |
| Declares that by not making, for calls to the single European emergency call number ‘112’, caller location information available to authorities handling emergencies, to the extent technically feasible, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 26(3) 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 Kingdom of the Netherlands to pay the costs; |
3. |
| Orders the Republic of Lithuania to bear its own costs. |