Case C-503/08: Action brought on 20 November 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-11-20
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, company with share capital, cross-border cooperation, fine, merger

10.1.2009

EN

Official Journal of the European Union

C 6/17

Action brought on 20 November 2008 — Commission of
the European Communities v Kingdom of Spain

(Case C-502/08)

(2009/C 6/28)

Council of 26 October 2005 on cross-border mergers of
limited liability companies, the Kingdom of Spain has failed
to fulfil its obligations under Article 19 of that directive;

— order Kingdom of Spain to pay the costs.

Language of the case: Spanish

Pleas in law and main arguments

Parties

The period prescribed for transposing Directive 2005/56/EC
into national law expired on 15 December 2007.

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

(1) OJ 2005, L 310, p. 1.

Defendant: Kingdom of Spain

Form of order sought

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/60/EC (1) of
the
Council of 26 October 2005 on the prevention of the use
of the financial system for the purpose of money laundering
and terrorist financing or, in any event, by failing to notify
them to the Commission, the Kingdom of Spain has failed
to fulfil its obligations under Article 45 of that directive;

— order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2005/60/EC
into national law expired on 15 December 2007.

(1) OJ 2005 L 309, p. 15.

Action brought on 20 November 2008 — Commission of
the European Communities v Kingdom of Spain

(Case C-503/08)

(2009/C 6/29)

Language of the case: Spanish

Action brought on 20 November 2008 — Commission of
the European Communities v Kingdom of Spain

(Case C-504/08)

(2009/C 6/30)

Language of the case: Spanish

Parties

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

Defendant: Kingdom of Spain

Form of order sought

to

down

necessary

provisions

— declare that, by failing to adopt the laws, regulations and
administrative
comply with
Commission Directive 2006/70/EC (1) of 1 August 2006
for Directive
implementing measures
laying
2005/60/EC of the European Parliament and of the Council
as regards the definition of politically exposed person and
the technical criteria for simplified customer due diligence
procedures and for exemption on grounds of a financial
activity conducted on an occasional or very limited basis or,
in any event, by failing to notify those provisions to the
Commission, the Kingdom of Spain has failed to fulfil its
obligations under Article 5 thereof;

Parties

— order Kingdom of Spain to pay the costs.

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

Pleas in law and main arguments

Defendant: Kingdom of Spain

Form of order sought

The period prescribed for bringing national law into conformity
with Directive 2006/70/EC expired on 15 December 2007.

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/56/EC (1) of
the

the European Parliament and of

(1) OJ 2006 L 214, p. 29.