Judgment of the Court (Third Chamber) of 7 October 2010.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Electronic communications - Networks and services - Articles 3(2) and 8(2) - Designation of undertakings responsible for universal service obligations - Incorrect transposition.#Case C-154/09.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 3(2) and 8(2) 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) – Designation of the undertakings responsible for universal service obligations.

Operative part

Operative part

The Court:

1. Declares that, by failing to transpose correctly into national law the provisions of European Union law governing the designation of universal service provider(s) and, in any event, by failing to ensure that those provisions are applied in practice, the Portuguese Republic has failed to fulfil its obligations under Articles 3(2) and 8(2) 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 Portuguese Republic to pay the costs.