Case C-321/08: Action brought on 15 July 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-07-15
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, advertising malpractice, consumer protection, domestic market, national implementing measure, restriction on competition

C 223/38

EN

Official Journal of the European Union

30.8.2008

Pleas in law and main arguments

Action brought on 15 July 2008 — Commission of the
European Communities v Kingdom of Sweden

The prescribed period for transposing the directive into national
law expired on 30 December 2006.

(1) OJ 2006 L 221, p. 13.

(Case C-322/08)

(2008/C 223/63)

Language of the case: Swedish

Action brought on 15 July 2008 — Commission of the
European Communities v Kingdom of Spain

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

Parties

(Case C-321/08)

(2008/C 223/62)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

of

2005

11 May

concerning

the European Parliament and of

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/29/EC (1) of
the
Council
unfair
business-to-consumer commercial practices in the internal
market and amending Council Directive 84/450/EEC, Direc-
tives 97/7/EC, 98/27/EC and 2002/65/EC of the European
and Regulation (EC)
Parliament
the Council
and of
No 2006/2004 of
the
Council (‘Unfair Commercial Practices Directive’), or in any
event, by failing to inform the Commission thereof, the
Kingdom of Spain has failed to fulfil its obligations under
that directive.

the European Parliament and of

Defendant: Kingdom of Sweden

Form of order sought

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC of 29 April 2004 (1) or in any event
by failing to notify the Commission thereof, the Kingdom of
Sweden has failed to fulfil its obligations under that direc-
tive;

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The period prescribed for the implementation of the Directive
expired on 10 October 2006.

(1) on minimum standards for the qualification and status of

third
country nationals or stateless persons as refugees or as persons who
the
otherwise need international protection and the content of
protection granted (OJ 2004 L 304, p. 12).

Action brought on 16 July 2008 — Commission of the
European Communities v Federal Republic of Germany

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for bringing national law into conformity
with Directive 2005/29 expired on 12 June 2007.

Parties

(Case C-326/08)

(2008/C 223/64)

Language of the case: German

(1) OJ 2005 L 149, p. 22.

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and B. Kotschy, acting as Agents)

Defendant: Federal Republic of Germany