Commission of the European Communities v Republic of Poland

Judgment of the Court (Fifth Chamber) of 22 January 2009 – Commission v Poland (Case C‑492/07) Failure of a Member State to fulfil obligations – Directive 2002/21/EC – Electronic communications networks and services – Definition of subscriber 1. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Production of evidence showing failure – Incumbent on Member State concerned to refute evidence (Art. 226 EC) (see paras 17, 20) 2. Member States – Obligations – Supervisory tasks assigned to the Commission – Duty of the Member States – Cooperation in inquiries into whether a Member State has failed to fulfil its Treaty obligations – Obligation to notify and supply information (Art. 10 EC, 211 EC and 226 EC; European Parliament and Council Directive 2002/21, Art. 28(3)) (see paras 17-19) 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 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.