Case C-113/08: Action brought on 13 March 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-03-13
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, credit institution, financial solvency, investment company, legislation, management audit, national implementing measure

9.5.2008

EN

Official Journal of the European Union

C 116/17

Action brought on 13 March 2008 — Commission of the
European Communities v Kingdom of Spain

Form of order sought

(Case C-113/08)

(2008/C 116/29)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M.A. Rabinal Suárez and P. Dejmek, Agents)

Defendant: Kingdom of Spain

Form of order sought

firms and credit

the European Parliament and of

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2006/49/EC (1) of
the
Council of 14 June 2006 on the capital adequacy of invest-
ment
institutions and in particular the
following: Article 17, Article 72, Article 22 to 25,
Article 30, Article 33, Article 35, Article 40, Article 41,
Article 43, Article 44, Article 50, Annexes
I and II,
Annex VII, and,
in any event, by failing to communicate
those provisions to the Commission, the Kingdom of Spain
has failed to fulfil its obligations under the directive.

— order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2006/49/EC
into national law expired on 31 December 2006.

(1) OJ 2006 L 177, p. 201.

to

necessary

provisions

— declare that, by not adopting the laws, regulations and
administrative
comply with
Commission Directive 2005/62/EC (1) of 30 September
2005 implementing Directive 2002/98/EC of the European
Parliament and of the Council as regards Community stan-
dards and specifications relating to a quality system for
blood establishments, and in any event by not notifying
those provisions to the Commission, the Hellenic Republic
has failed to fulfil its obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit
domestic law expired on 31 August 2006.

for

transposition of Directive 2005/62 into

(1) OJ L 256, 1.10.2005, p. 41.

Action brought on 19 March 2008 — Commission of the
European Communities v Hellenic Republic

(Case C-121/08)

(2008/C 116/31)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Kontou-Durande and L. Pignataro)

Action brought on 17 March 2008 — Commission of the
European Communities v Hellenic Republic

Defendant: Hellenic Republic

(Case C-117/08)

(2008/C 116/30)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Kontou-Durande and L. Pignataro)

Form of order sought

to

necessary

provisions

— declare that, by not adopting the laws, regulations and
administrative
comply with
Commission Directive 2005/61/EC (1) of 30 September
2005 implementing Directive 2002/98/EC of the European
Parliament and of the Council as regards traceability require-
ments and notification of serious adverse reactions and
events, and in any event by not notifying those provisions
to the Commission, the Hellenic Republic has failed to fulfil
its obligations under that directive;

Defendant: Hellenic Republic

— order the Hellenic Republic to pay the costs.