Case C-58/02: Action brought on 25 February 2002 by the Commission of European Communities against Kingdom of Spain
Date: 2002-05-04
Institutions: Court of Justice
Subjects: European Commission, Spain, access to information, action for failure to fulfil an obligation, pay television, right to justice

C 109/30

EN

Official Journal of the European Communities

4.5.2002

— in refusing to grant the Appellant the same reduction of
fine as that granted to other participants because the
Appellant denied its participation in an infringement,
the Court of First Instance has violated fundamental
principles of law (right of defence) recognised by the
Court of Justice in its case-law.

(1) OJ C 137, 02.05.98, p. 20.

Action brought on 26 February 2002 by the Commission
the United
of

the European Communities against
Kingdom of Great Britain and Northern Ireland

(Case C-62/02)

(2002/C 109/52)

Action brought on 25 February 2002 by the Commission
of European Communities against Kingdom of Spain

(Case C-58/02)

(2002/C 109/51)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 25 Febru-
ary 2002 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Michael Shotter,
acting as Agents, with an address for service in Luxembourg at
the office of Luis Escobar, Wagner Centre, C 254.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 98/84/EC of the European Parliament and of
the Council of 20 November 1998 on the legal protection
of services based on, or consisting of, conditional
access (1), the Kingdom of Spain has failed to fulfil its
obligations under that directive;

— Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those put
forward in Case C-44/02 (2); the time-limit for transposition
expired on 28 May 2000.

An action against the United Kingdom of Great Britain and
Northern Ireland was brought before the Court of Justice of
the European Communities on 26 February 2002 by the
Commission of the European Communities, represented by
Michael Shotter, acting as agent, with an address for service in
Luxembourg.

The Applicant claims that the Court should:

— declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 1999/94/EC of the European Parliament and of
the Council of 13 December 1999 relating to the
availability of consumer information on fuel economy
and CO2 emissions in respect of the marketing of new
passenger cars (1) or, in any event, by failing to notify
such provisions to the Commission, the United Kingdom
of Great Britain and Northern Ireland has failed to fulfil
its obligations under Article 12(1) and 12(2) of this
Directive;

— order the United Kingdom to pay the costs.

Pleas in law and main arguments

Article 249 EC, under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 18 January 2001 without the United Kingdom
having informed the Commission of the provisions adopted to
comply with the directive referred to in the conclusions of the
Commission.

Since the Commission is in possession of no other information
enabling it to conclude that the United Kingdom has adopted
the necessary provision, it is compelled to assume that the
United Kingdom has failed to fulfil its obligations under the
Directive.

(1) OJ 1998 L 320, p. 54.
(2) OJ C 97, 20.4.2002, p. 4.

(1) OJ L 12, 18.1.2000, p. 16.