Official Journal of the European Union

C 37/17

Action brought on 30 November 2007 — Commission of the European Communities v Italian Republic

(Case C-539/07)

(2008/C 37/23)

Language of the case: Italian


Applicant: Commission of the European Communities (represented by: E. Montaguti and A. Nijenhuis, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

declare that, by failing, for all calls to the single European emergency call number ‘112’, to make call-tracing information available, within the limits of technical feasibility, to the authorities called upon to act in cases of emergency, the Italian Republic has failed to fulfil its obligations under Article 26(3) of Directive 2002/22/EC (1);

order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2002/22/EC expired on 24 July 2003.

(1)  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).