argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: telecommunication companies - calls to 112 - free of charge

On 5 September 2019, in case C-417/18, the EU Court of Justice ruled that telecommunications companies must transmit information to the 112 caller free of charge to locate the caller. Furthermore, Member States must ensure that this obligation is respected even if the mobile phone does not have a SIM card.
The case was that of a Lithuanian girl kidnapped, raped and burned alive in the trunk of a car in 2013. The victim while she was locked up had called about ten times, via a mobile phone, the single European emergency number 112, however, the equipment in the emergency call center did not show the mobile phone number used, which prevented it from being located. The Court adds that when, under the domestic law of a Member State, the existence of an indirect causal link between the offense committed by the national authorities and the damage suffered by a single individual is sufficient to constitute the responsibility of the State, even a this indirect causal link between a breach of EU law, attributable to the Member State in question, and damage suffered by an individual must be sufficient to constitute the responsibility of that Member State for such infringement of EU law.