Case C-392/06: Judgment of the Court (Sixth Chamber) of 21 June 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2002/15/EC — Organisation of the working time of persons performing mobile road transport activities — Failure to transpose within the period prescribed)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, arrangement of working time, national implementing measure, road safety, road transport

4.8.2007

EN

Official Journal of the European Union

C 183/15

Judgment of the Court (Eighth Chamber) of 21 June 2007
— Commission of the European Communities v Italian
Republic

Judgment of the Court (Sixth Chamber) of 21 June 2007 —
Commission of the European Communities v Kingdom of
Spain

(Case C-339/06) (1)

(Case C-392/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/116/EC — Annex to Directive 92/471/EEC — Animal
feed — Candida guilliermondii — Failure to transpose within
the period prescribed)

(Failure of a Member State to fulfil obligations — Directive
2002/15/EC — Organisation of the working time of persons
performing mobile road transport activities — Failure to
transpose within the period prescribed)

(2007/C 183/24)

Language of the case: Italian

(2007/C 183/25)

Language of the case: Spanish

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga, acting as Agent)

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and R Vidal Puig, acting as Agents)

Defendant: Italian Republic (represented by: I. Braguglia and S.
Fiorentino, Agents)

Defendant: Kingdom of Spain (represented by: M.A. Sampol
Pucurull)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with
of
23 December 2004 amending the Annex to Council Directive
82/471/EEC as regards the inclusion of Candida guilliermondii
(OJ 2004 L 379, p. 81)

Commission Directive

2004/116/EC

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2002/15/EC of the European Parliament
and of the Council of 11 March 2002 on the organisation of
the working time of persons performing mobile road transport
activities (OJ 2002 L 80, p. 35)

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulation and administrative provisions necessary to comply
with Commission Directive 2004/116/EC of 23 December 2004
amending the Annex to Council Directive 82/471/EEC as regards
the inclusion of Candida guilliermondii, the Italian Republic has
failed to fulfil its obligations under that directive;

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2002/15/EC of the European Parliament and of the
Council of 11 March 2002 on the organisation of the working
time of persons performing mobile road transport activities, the
Kingdom of Spain has failed to fulfil
its obligations under that
directive;

2. Orders the Italian Republic to pay the costs.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 224, 16.9.2006.

(1) OJ C 294, 2.12.2006.