Case C-136/07: Action brought on 7 March 2007 — Commission of the European Communities v Kingdom of Spain
Date: 2007-05-26
Institutions: Court of Justice
Subjects: Spain, action for failure to fulfil an obligation, air traffic control, vocational training

26.5.2007

EN

Official Journal of the European Union

C 117/13

Action brought on 7 March 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-136/07)

(2007/C 117/20)

Language of the case: Spanish

(4) Directive 2006/23/EC (3) of the European Parliament and of
the Council of 5 April 2006 on a Community air traffic
controller licence establishes a system of mutual recognition
of air traffic controller licences issued in accordance with
that directive. However, the specified period within which
Member States must comply with that directive does not
expire until 17 May 2008. Consequently, until that date
Directives 89/48/EEC and 92/51/EEC continue to apply in
relation to the taking up and pursuit of the profession of air
traffic controller in Spain.

Parties

Applicant(s): Commission of the European Communities (repre-
sented by: H. Støvlbæk and R. Vidal Puig, agents)

(1) OJ 1989 L 19, p. 16.
(2) OJ 1992 L 209, p. 25.
(3) OJ 2006 L 114, p. 22.

Defendant(s): Kingdom of Spain

Form of order sought

— Declare that the Kingdom of Spain has failed to fulfil

its
obligations under Council Directive 89/48/EEC (1) of
21 December 1988 on a general system for the recognition
of higher-education diplomas awarded on completion of
professional education and training of at least three years'
duration, and under Council Directive 92/51/EEC (2) of
18 June 1992 on a second general system for the recogni-
tion of professional education and training to supplement
Directive 89/48/EEC,
in relation to the taking up of the
profession of air traffic controller.

— order Kingdom of Spain to pay the costs.

Appeal brought on 8 March 2007 by Österreichische
Volksbanken-AG against the judgment of the Court of First
Instance (Second Chamber) delivered on 14 December
2006 in Joined Cases T-259/02 to T-264/02 and T-271/02
Raiffeisen Zentralbank Österreich AG and Others v
the European Communities, concerning
Commission of

Case T-271/02

(Case C-137/07 P)

(2007/C 117/21)

Language of the case: German

Pleas in law and main arguments

(1) Directive 89/48/EEC is applicable to the taking up and
pursuit of the profession of air traffic controller in Spain
given that

Parties

— the set of diplomas, licences and ratings necessary to the
pursuit of
in
Spain is a ‘diploma’ within the meaning of Directive
89/48/EEC;

‘air traffic controller’

the profession of

— the profession of air traffic controller is a ‘regulated
in Spain within the meaning of Directive

profession’
89/48/EEC.

(2) Notwithstanding the above, the Kingdom of Spain has not
adopted the measures necessary to implement Directive
89/48/EEC in relation to the profession of air
traffic
controller.

(3) The Commission considers that the Kingdom of Spain has
also failed to fulfil its obligations under Directive 92/51/EEC
in that

— Directive 92/51/EEC is applicable to the profession of

air traffic controller; and

— The Kingdom of Spain has not adopted the measures
necessary to implement Directive 92/51/EEC in relation
to the profession of air traffic controller.

Appellant: Österreichische Volksbanken-AG (represented by:
A. Ablasser-Neuhuber, R. Bierwagen and F. Neumayr, lawyers)

Other party to the proceedings: Commission of
Communities

the European

Form of order sought

1. Set aside paragraphs 2 and 4 of the operative part of the
judgment at first instance of 14 December 2006 in Joined
Cases T-259/02 to T-264/02 and T-271/02 (1) and

a. annul

the
the decision forming the subject-matter of
dispute — Commission Decision 2004/138/EC of 11 June
2002 in cartel case COMP/36.571/D-1 — in accordance
with the first and third claims in so far as the decision
relates to the appellant or, in the alternative, reduce the
fine imposed on the appellant in accordance with the
third claim; or