Case C-317/06: Judgment of the Court (Seventh Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Spain (Failure of Member State to fulfil obligations — Directive 2002/14/EC — Informing and consulting employees in the European Community — Failure to transpose within the period prescribed)
Date: 2007-08-25
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, labour law, social dialogue, worker consultation, worker information

C 199/12

EN

Official Journal of the European Union

25.8.2007

Re:

Re:

Reference for a preliminary ruling — Tribunal Administrativo e
Fiscal — Interpretation of Article 16(3) of Council Directive
96/67/EC of 15 October 1996 on access to the groundhandling
market at Community airports (OJ 1996 L 272, p. 36) —
Access to the groundhandling market at Community airports —
Levying of a fee for access to the market in ground administra-
tive assistance and supervision services

Failure of Member State to fulfil obligations — Failure to take,
within the period prescribed the measures necessary to comply
with Directive 2002/14/EC of the European Parliament and of
the Council of 11 March 2002 establishing a general framework
for informing and consulting employees in the European Com-
munity — Joint declaration of the European Parliament, the
Council and the Commission on employee representation
(OJ 2002 L 80, p. 29)

Operative part of the judgment

Community law precludes rules of national law such as those provided
for by Article 10(1) of Decree No 12/99 of 30 July 1999, and
Article 18(2) of Decree-Law No 120/90 of 21 March 1990, as
amended by Decree-Law No 280/99 of 26 July 1999, unless the fee
for ground administration and supervision provided for by that legisla-
tion is payable as the consideration for some or all of the services
defined in paragraph 1 of the Annex to Council Directive 96/67/EC
of 15 October 1996 on access to the groundhandling market at Com-
munity airports and does not constitute a second charge for services
already paid for through another fee or tax. If the examination carried
out by the referring court discloses that the fee at issue in the main
proceedings constitutes a fee for access to the airport installations, it is
a matter for that court to ascertain whether the fee at issue meets the
criteria of relevance, objectivity, transparency and non-discrimination as
specified in Article 16(3) of Directive 96/67.

(1) OJ C 154, 1.7.2006.

Judgment of the Court (Seventh Chamber) of 5 July 2007
— Commission of the European Communities v Kingdom
of Spain

(Case C-317/06) (1)

Operative part of the judgment

The Court:

1. Declares that, by not having adopted, within the period prescribed,
regulations and administrative measures necessary to
the laws,
comply with Directive 2002/14/EC of the European Parliament
and of
the Council of 11 March 2002 establishing a general
framework for informing and consulting employees in the European
Community, the Kingdom of Spain has failed to fulfil its obliga-
tions under that directive;

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

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Sixth Chamber) of 5 July 2007 —
Commission of the European Communities v Republic of
Austria

(Case C-340/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/4/EC — Public access to environmental information —
Failure to transpose within the period prescribed)

(2007/C 199/20)

Language of the case: German

(Failure of Member State to fulfil obligations — Directive
2002/14/EC — Informing and consulting employees in the
European Community — Failure to transpose within the
period prescribed)

Parties

(2007/C 199/19)

Language of the case: Spanish

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

Defendant: Republic of Austria (represented by: E. Riedl, acting
as Agent)

Parties

Re:

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

Defendant: Kingdom of Spain (represented by: M. A. Sampoll
Pucurull, agent)

Failure of a Member State to fulfil obligations — Failure to have
adopted within the period prescribed all the provisions neces-
sary to transpose Directive 2003/4/EC of the European Parlia-
ment and of the Council of 28 January 2003 on public access
to environmental information and repealing Council Directive
90/313/EEC (OJ 2003 L 41, p. 26)