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Document 62009CJ0185

Judgment of the Court (Sixth Chamber) of 4 February 2010.
European Commission v Kingdom of Sweden.
Failure of a Member State to fulfil obligations - Directive 2006/24/EC - Electronic communications - Retention of data generated or processed in connection with the provision of electronic communications services - Failure to transpose within the prescribed period.
Case C-185/09.

European Court Reports 2010 I-00014*

ECLI identifier: ECLI:EU:C:2010:59





Judgment of the Court (Sixth Chamber) of 4 February 2010 – Commission v Sweden

(Case C‑185/09)

Failure of a Member State to fulfil obligations – Directive 2006/24/EC – Electronic communications – Retention of data generated or processed in connection with the provision of electronic communications services – Failure to transpose within the prescribed period

Actions for failure to fulfil obligations – Examination of the 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)

Re:

Failure of Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Sweden to pay the costs.

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