Judgment — ECLI:EU:C:2009:442
Date: 2009-07-09
Language of the case: Spanish
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Asylum policy;Area of freedom, security and justice
Concepts: Defences;General
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Action brought on 24 June 2008 - Commission of the European Communities v Kingdom of Spain (Case C-272/08) 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 2004/83/EC 1 of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and, in any event, by not communicating those provisions to the Commission, has failed to fulfil its obligations under Article 38 of that directive. Order the Kingdom of Spain to pay the costs. Pleas in law and main arguments The time limit for transposition of the directive expired on 10 October 2006. ____________ 1 - OJ 2004 L 304, p. 12