Judgment — ECLI:EU:C:2008:93
Date: 2008-02-14
Language of the case: Spanish
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Area of freedom, security and justice
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Action brought on 7 February 2007 - Commission of the European Communities v Kingdom of Spain (Case C-58/07) Language of the case: Spanish Parties Applicant: Commission of the European Communities (represented by: M. Condou-Durande and A. Alcover San Pedro, acting as Agents) Defendant: Kingdom of Spain Form of order sought Declare that, by not adopting the laws, regulations and administrative provision necessary to comply with Council Directive 2003/110/EC 1 of 25 November 2003 on assistance in cases of transit for the purposes of removal by air and, in any event, by not communicating them to the Commission, the Kingdom of Spain has failed to fulfil its obligations under that directive; order the Kingdom of Spain to pay the costs. Pleas in law and main arguments The period prescribed for adapting domestic law to Directive 2003/110/EC expired on 6 December 2005. ____________ 1 - OJ L 321, p. 26.