Judgment — ECLI:EU:C:2008:690
Date: 2008-12-04
Language of the case: Spanish
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Action brought on 13 March 2008 - Commission of the European Communities v Kingdom of Spain (Case C-113/08) Language of the case: Spanish Parties Applicant: Commission of the European Communities (represented by: M.A. Rabinal Suárez and P. Dejmek, Agents) Defendant: Kingdom of Spain Form of order sought declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2006/49/EC1 of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions and in particular the following: Article 17, Article 72, Article 22 to 25, Article 30, Article 33, Article 35, Article 40, Article 41, Article 43, Article 44, Article 50, Annexes I and II, Annex VII, and, in any event, by failing to communicate those provisions to the Commission, the Kingdom of Spain has failed to fulfil its obligations under the directive. order Kingdom of Spain to pay the costs. Pleas in law and main arguments The period prescribed for transposing Directive 2006/49/EC into national law expired on 31 December 2006. ____________ 1 - OJ 2006 L 177, p. 201