Case C-58/07: Judgment of the Court (Eighth Chamber) of 14 February 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligation — Directive 2003/110/EC — Assistance in cases of transit for the purposes of removal by air — Failure to transpose within the prescribed period)
Date: 2008-02-14
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, air transport, foreign national, illegal migration, national implementing measure, removal, transit

29.3.2008

EN

Official Journal of the European Union

C 79/7

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

comply with Council Directive 2003/110/EC of 25 November
2003 on assistance in cases of
transit for the purposes of
removal by air (OJ 2003 L 321, p. 26)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the period prescribed all the measures necessary to
comply with Directive 2001/84/EC of the European Parliament
and of the Council of 27 September 2001 on the resale right
for the benefit of the author of an original work of art (OJ 2001
L 272, p. 32)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2001/84/EC of the European Parliament
and of the Council of 27 September 2001 on the resale right for
the benefit of the author of an original work of art, the Kingdom
of Spain has failed to fulfil its obligations under that directive;

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

Operative part of the judgment of

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Council Directive
2003/110/EC of 25 November 2003 on assistance in cases of
transit for the purposes of removal by air, 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 69 of 24.3.2006.

(1) OJ C 82, 14.4.2007.

Judgment of the Court (Eighth Chamber) of 31 January
the European Communities v
2008 — Commission of

Judgment of the Court (Eighth Chamber) of 14 February
the European Communities v
2008 — Commission of

Kingdom of Spain

(Case C-58/07) (1)

(Failure of a Member State to fulfil its obligation — Directive
2003/110/EC — Assistance in cases of
the
purposes of removal by air — Failure to transpose within the
prescribed period)

transit

for

(2008/C 79/11)

Language of the case: Spanish

Parties

Italian Republic

(Case C-69/07) (1)

(Failure of Member State to fulfil obligations — Directive
2003/35/EC — Environment — Public participation in
respect of the drawing up of certain plans and programmes —
Failure to transpose within the period prescribed)

(2008/C 79/12)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and J.-B. Laignelot, acting as Agents)

Defendant:
Italian Republic (represented by:
Agent, and S. Fiorentino, avvocato dello Stato)

I.M. Braguglia,

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and A. Alcover San Pedro,
acting as Agents)

Re:

Defendant: Kingdom of Spain (represented by: M.Muñoz Pérez,
acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, the provisions necessary to

Failure of a Member State to fulfil obligations — Failure to
implement, within the period prescribed, the provisions neces-
sary to comply with Directive 2003/35/EC of the European
Parliament and of the Council of 26 May 2003 providing for
public participation in respect of the drawing up of certain
relating to the environment and
plans and programmes
amending with regard to public participation and access to
justice Council Directives 85/337/EEC and 96/61/EC (OJ 2003
L 156, p. 17)