Court of Justice of the European Communities (including Court of First Instance Decisions)

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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 Hellenic Republic (Judgment of the Court (Second Chamber)) [2009] EUECJ C-211/09 (26 November 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C21109.html
Cite as: EU:C:2009:737, ECLI:EU:C:2009:737, [2009] EUECJ C-211/9, [2009] EUECJ C-211/09

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Judgment of the Court (Second Chamber) of 26 November 2009 – Commission v Greece

(Case C‑211/09)

Failure of a Member State to fulfil obligations – Directive 2006/24/EC– Electronic communications – 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. 7)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period all the measures necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Hellenic Republic has failed to fulfil its obligations under that directive;

2.

Orders the Hellenic Republic to pay the costs.

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