Judgment of the Court (Fifth Chamber) of 22 January 2009.#Commission of the European Communities v Republic of Poland.#Failure of a Member State to fulfil obligations - Directive 2002/21/EC - Electronic communications networks and services - Definition of subscriber.#Case C-492/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period the necessary measures to comply with Article 2(k) 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 (Framework Directive) (OJ 2002 L 108, p. 33) – Definition of subscriber.

Operative part

Operative part

The Court:

1. Declares that, by failing to transpose correctly 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 (Framework Directive) and in particular Article 2(k) thereof with reference to the definition of ‘subscriber’, the Republic of Poland has failed to fulfil its obligations under that directive;

2. Orders the Republic of Poland to pay the costs.