Judgment — ECLI:EU:C:2009:265
Date: 2009-04-23
Language of the case: Spanish
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Eighth Chamber) of 23 April 2009 - Commission of the European Communities v Kingdom of Spain (Case C-321/08) 1 (Failure of a Member State to fulfil obligations - Directive 2005/29/EC - Unfair business-to-consumer commercial practices in the internal market - Failure to transpose within the prescribed period) Language of the case: Spanish Parties Applicant: Commission of the European Communities (represented by: W. Wils and E. Adsera Ribera, acting as Agents) Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ('Unfair Commercial Practices Directive') (OJ 2005 L 149, p. 22) Operative part of the judgment The Court: 1. Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ('Unfair Commercial Practices Directive'), the Kingdom of Spain has failed to fulfil its obligations under that directive; 2. Orders the Kingdom of Spain to pay the costs. ____________ 1 - OJ C 223, 30.08.2008.