Case C-523/08: Action brought on 27 November 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-11-27
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, fine, foreign national, free movement of persons, third country

C 19/20

EN

Official Journal of the European Union

24.1.2009

(ii) in holding that the Appellants' legal and procedural rights

Defendant: Portuguese Republic

had not been infringed.

(1) OJ L 317, p. 25.
(2) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ L 230, p. 1).

Action brought on 27 November 2008 — Commission of
the European Communities v Kingdom of Spain

(Case C-523/08)

(2009/C 19/35)

Language of the case: Spanish

Parties

Form of order sought

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2005/68/EC (1) of the European Parliament and of
the Council of 16 November 2005 on reinsurance and
amending Council Directives 73/239/EEC, 92/49/EEC as
well as Directives 98/78/EC and 2002/83/EC or, in any case,
by failing to communicate such provisions to the Commis-
sion, the Portuguese Republic has failed to fulfil its obliga-
tions under that Directive;

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period allowed for transposition of the Directive expired on
10 December 2007.

Applicant: Commission of the European Communities (repre-
sented by M. Condou-Durande and M.-A. Rabanal Suárez,
Agents,)

(1) OJ 2005 L 323, p. 1.

Defendant: Kingdom of Spain

Form of order sought

— a declaration that the Kingdom of Spain, by failing to adopt
all the laws, regulations and administrative provisions neces-
sary to comply with Council Directive 2005/71/EC (1) on a
specific procedure for admitting third-country nationals for
in any case, by
the purposes of scientific research and,
failing to communicate such provisions to the Commission,
has failed to fulfil its obligations under that Directive;

— an order that the Kingdom of Spain should pay the costs.

Pleas in law and main arguments

The period allowed for the transposition into domestic law of
Directive 2005/71/EC expired on 12 October 2007.

(1) OJ 2005 L 289, p. 15.

Action brought on 28 November 2008 — Commission of
the European Communities v United Kingdom of Great
Britain and Northern Ireland

(Case C-527/08)

(2009/C 19/37)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson, A.A. Gilly, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland

Action brought on 1 December 2008 — Commission of
the European Communities v Portuguese Republic

The applicant claims that the Court should:

(Case C-524/08)

(2009/C 19/36)

Language of the case: Portuguese

Parties

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/65/EC (1) of
the
Council of 26 October 2005 on enhancing port security, or
in any event by failing to communicate them to the
Commission the United Kingdom of Great Britain and
Northern Ireland has failed to fulfil its obligations under the
Directive;

Applicant: Commission of the European Communities (repre-
sented by N. Yerrell and P. Guerra e Andrade, Agents)

— order United Kingdom of Great Britain and Northern Ireland

to pay the costs.