Case C-6/07: Judgment of the Court (Sixth Chamber) of 29 November 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2002/74/EC — Protection of workers — Insolvency of employer)
Date: 2007-11-29
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, approximation of laws, employer, financial solvency, national implementing measure

26.1.2008

EN

Official Journal of the European Union

C 22/13

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Declares that, by failing to communicate the plans and outlines
required under Article 11 of Council Directive 96/59/EC of
16 September 1996 on the disposal of polychlorinated biphenyls
and polychlorinated terphenyls (PCB/PCT), the Republic of Malta
has failed to fulfil its obligations under Article 11 of the Directive,
read in conjunction with Article 54 of the Act concerning the
the Republic of
conditions of accession of
Estonia,
the
Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic and the adjustments to the Treaties on which the
European Union is founded;

the Republic of Cyprus,

the Republic of Latvia,

the Czech Republic,

2. Orders the Republic of Malta to pay the costs.

1. Sets aside the judgment of

the
European Communities of 27 September 2006 in Case T-153/04
Ferriere Nord v Commission;

the Court of First

Instance of

2. Declares the action for annulment brought by Ferriere Nord SpA
against the decisions of the Commission of the European Commu-
nities notified by letter of 5 February 2004 and by fax of 13 April
2004 concerning the outstanding balance of the fine imposed on
Ferriere Nord SpA by Commission Decision 89/515/EEC of
2 August 1989 relating to a proceeding under Article 85 of the
EEC Treaty (IV/31.553 — Welded steel mesh) inadmissible.

3. Orders Ferriere Nord SpA to pay the costs of both sets of proceed-

ings.

(1) OJ C 56, 10.3.2007.

(1) OJ C 42, 24.2.2007.

Judgment of the Court (Second Chamber) of 6 December
the European Communities v
2007 — Commission of

Ferriere Nord SpA

(Case C-516/06 P) (1)

Judgment of the Court (Sixth Chamber) of 29 November
the European Communities v
2007 — Commission of

Kingdom of Spain

(Case C-6/07) (1)

(Appeal — Competition — Commission decision — Fine —
Enforcement — Regulation (EEC) No 2988/74 — Limitation
period — Acts adversely affecting a party — Inadmissibility)

(Failure of a Member State to fulfil obligations — Directive
2002/74/EC — Protection of workers — Insolvency of
employer)

(2008/C 22/24)

Language of the case: French

(2008/C 22/25)

Language of the case: Spanish

Parties

Parties

Appellant: Commission of the European Communities (repre-
sented by: V. Di Bucci and F. Amato, Agents)

Other party to the proceedings: Ferriere Nord SpA (represented by:
W. Viscardini and G. Donà, avvocati)

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

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

Re:

Re:

Appeal against the judgment of the Court of First Instance of
27 September 2006 in Case T-153/04 Ferriere Nord SpA v
Commission by which the Court of First Instance annulled the
Commission decisions notified by letter of 5 February 2004 and
by facsimile of 13 April 2004 concerning the outstanding
balance of the fine imposed on the applicant by Commission
Decision 89/515/EEC of 2 August 1989 relating to a proceeding
under Article 85 of the EEC Treaty (IV/31.553 — Welded steel
mesh)

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period the provisions necessary to
comply with Directive 2002/74/EC of the European Parliament
and of the Council of 23 September 2002, amending Council
Directive 80/987/EEC on the approximation of the laws of the
Member States relating to the protection of employees in the
event of the insolvency of their employer (OJ 2002 L 270,
p. 10)

C 22/14

EN

Official Journal of the European Union

26.1.2008

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2002/74/EC of the European Parliament
and of the Council of 23 September 2002, amending Council
Directive 80/987/EEC on the approximation of the laws of the
Member States relating to the protection of employees in the event
of the insolvency of their employer, the Kingdom of Spain has
failed to fulfil its obligations under that directive;

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

(1) OJ C 56 of 10.3.2007.

Judgment of the Court (Seventh Chamber) of 29 November
the European Communities v
2007 — Commission of

Grand Duchy of Luxembourg

(Case C-34/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/109/EC — Third-country nationals who are long-term
residents — Failure to transpose within the prescribed period)

(2008/C 22/26)

Language of the case: French

residents, the Grand Duchy of Luxembourg has failed to fulfil its
obligations under that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 69 of 24.3.2007.

Judgment of the Court (Seventh Chamber) of 6 December
the European Communities v
2007 — Commission of

Grand Duchy of Luxembourg

(Case C-57/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/86/EC — Right to family reunification — Non-transpo-
sition within the prescribed period)

(2008/C 22/27)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent)

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, Agent)

Failure of a Member State to fulfil obligations — Failure to have
adopted, within the prescribed period, the measures necessary
to comply with Council Directive 2003/86/EC of 22 September
2003 on the right to family reunification (OJ 2003 L 251,
p. 12).

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period the provisions necessary to
comply with Council Directive 2003/109/EC of 25 November
2003 concerning the status of third-country nationals who are
long-term residents (OJ 2004 L 16, p. 44)

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Declares that by not having adopted, within the prescribed period,
the legislative, regulatory and administrative measures necessary to
comply with Council Directive 2003/86/EC of 22 September
2003 on the right to family reunification, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2003/109/EC of 25 November 2003
concerning the status of third-country nationals who are long-term

(1) OJ C 95, 28.4.2007.