Judgment — ECLI:EU:C:2009:603
Date: 2009-10-01
Language of the case: Spanish
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Seventh Chamber) of 1 October 2009 - Commission of the European Communities v Kingdom of Spain (Case C-502/08) 1 (Failure of a Member State to fulfil obligations - Directive 2005/60/EC - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing - Failure to transpose completely - Failure to communicate the measures to transpose the directive) Language of the case: Spanish Parties Applicant: Commission of the European Communities (represented by: P. Dejmek and E. Adsera Ribera, acting as Agents) Defendant: Kingdom of Spain (represented by:J. López-Medel Bascones, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the period prescribed, the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, p. 15) Operative part of the judgment The Court: 1. declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, and by failing to communicate to the Commission of the European Communities, the provisions of national law intended to contribute to ensuring such compliance, the Kingdom of Spain has failed to fulfil its obligations under Article 45 of that directive; 2. orders the Kingdom of Spain to pay the costs. ____________ 1 - OJ C 6, 10.01.2009.