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.

Subject of the case

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

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.