Commission of the European Communities v Grand Duchy of Luxemburg (C-448/99)

Judgment of 18 Jan 2001

law://eu/cjeu/1999/c-448-99/para_11@2026-11-12

11It first points out that Article 8(3) of the directive has not been fully transposed and that a Grand-Ducal regulation laying down the conditions governing specifications for the operation of paging services, as provided for in Article 7(2)(e) of the Luxembourg Law on Telecommunications of 21 March 1997 (Memorial A 1997, p. 761), still requires to be adopted and published. The Commission cites in this regard the judgment in Case C-263/96 Commission v Belgium [1997] ECR I-7453, paragraph 26, to the effect that a national law which contains no substantive provision transposing a directive but merely empowers an authority subsequently to adopt the requisite substantive provisions cannot be regarded as effecting a complete and accurate transposition of that directive.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Court: Court of Justice · Fifth Chamber
Case: C-448/99 · ECLI:EU:C:2001:39
Decided: 18 Jan 2001
Procedure: Infringement action
Applicant: Commission of the European Communities, represented by M. Nolin, acting as Agent, with an address for service in Luxembourg
Defendant: Grand Duchy of Luxembourg, represented by P. Steinmetz, acting as Agent
Rapporteur: L. Sevón
Advocate General: P. Léger
Bench: 4 judges
M. Wathelet, D.A.O. Edward, P. Jann, L. Sevón
Language: French
Official: CURIA · EUR-Lex 61999CJ0448

Topics

Freedom of establishment Freedom to provide services Information and Communications Technology

History · 1 version

18 Jan 2001Reading

Connections

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Cites 2: Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorizations and individual licences in the field of telecommunications services; Commission of the European Communities v Kingdom of Belgium (C-263/96)