EuGH · C-154/09

Subject of the case Operative part 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.