Judgment of the Court (Sixth Chamber) of 1er juin 2006.#Commission of the European Communities v Hellenic Republic.#Failure of a Member State to fulfil obligations - Directive 2002/58/EC - Electronic communications - Processing of personal data - Protection of privacy - Protection of natural persons - Failure to transpose within the prescribed period.#Case C-475/04.

Judgment of the Court (Sixth Chamber) of 1 June 2006 – Commission v Greece (Case C-475/04) Failure of a Member State to fulfil obligations – Directive 2002/58/EC – Electronic communications – Processing of personal data – Protection of privacy – Protection of natural persons – Failure to transpose within the prescribed period 1. Failure of a Member State to fulfil obligations – Examination of 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. 9) 2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 10) Re: Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p.

37). Operative part The Court 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), the Hellenic Republic has failed to fulfil its obligations under that directive; 2. Orders the Hellenic Republic to pay the costs.