Judgment — ECLI:EU:C:2009:311
Date: 2009-05-14
Language of the case: Spanish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Asylum policy;Area of freedom, security and justice
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Action brought on 19 June 2008 - Commission of the European Communities v Kingdom of Spain (Case C-266/08) Language of the case: Spanish Parties Applicant: Commission (represented by: M. Condou-Durande and E. Adsera Ribera, acting as Agents) Defendant: Kingdom of Spain Form of order sought Declare that the Kingdom of Spain, by not adopting the laws, regulations and administrative provisions necessary to transpose Council Directive 2004/81/EC 1 of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities and, in any event, by not communicating those provisions to the Commission, has failed to fulfil its obligations under Article 17 of that directive; Order the Kingdom of Spain to pay the costs. Pleas in law and main arguments The time limit for transposition of Directive 2004/81/EC expired on 5 August 2006. ____________ 1 - OJ 2004 L 261, p. 19