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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Slovak Republic (Judgment of the Court (Eighth Chamber)) [2008] EUECJ C-493/07 (25 July 2008) URL: http://www.bailii.org/eu/cases/EUECJ/2008/C48607.html Cite as: [2008] EUECJ C-493/7, EU:C:2008:448, ECLI:EU:C:2008:448, [2008] EUECJ C-493/07

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Judgment of the Court (Eighth Chamber) of 25 July 2008 – Commission v Slovakia

(Case C‑493/07)

Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Article 26(3) – Electronic communications – Networks and services – Single European emergency call number – Failure to transpose within the prescribed period

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 11)

Re:

Failure of a Member State to fulfil obligations – Failure to take, 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 L 108, p. 51).

Operative part

The Court:

1.

Declares that, by failing to ensure that undertakings which operate public telephone networks make, in so far as it is technically feasible, caller location information available to authorities handling emergencies for calls to the single European emergency call number ‘112’, the Slovak Republic 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 Slovak Republic to pay the costs.