Case C-113/08: Judgment of the Court (Fifth Chamber) of 4 December 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2006/49/EC — Investment firms and credit institutions — Capital adequacy — Failure to transpose within the period prescribed)
Date: 2008-12-04
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

24.1.2009

EN

Official Journal of the European Union

C 19/9

Judgment of the Court (Fifth Chamber) of 4 December
the European Communities v
2008 — Commission of

Judgment of the Court (Fifth Chamber) of 4 December
the European Communities v
2008 — Commission of

Czech Republic

(Case C-41/08) (1)

Kingdom of Spain

(Case C-113/08) (1)

(Failure of a Member State to fulfil obligations — Directives
86/378/EEC and 96/97/EC — Equal treatment for men and
women — Incomplete transposition)

(2009/C 19/14)

Language of the case: Czech

(Failure of a Member State to fulfil obligations — Directive
2006/49/EC — Investment firms and credit institutions —
Capital adequacy — Failure to transpose within the period
prescribed)

(2009/C 19/15)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and P. Ondrůšek, acting as Agents)

Parties

Defendant: Czech Republic (represented by: M. Smolek, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose Council Directive 86/378/EEC of 24 July 1986 on the
implementation of the principle of equal treatment for men and
women in occupational social security schemes (OJ 1986 L 225,
p. 40) and Council Directive 96/97/EC of 20 December 1996
amending Directive 86/378/EEC on the implementation of the
principle of equal treatment for men and women in occupa-
tional social security schemes (OJ 1997 L 46, p. 20)

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 Council Directive 86/378/EEC of 24 July 1986 on
the implementation of the principle of equal treatment for men and
women in occupational social security schemes and Council Direc-
tive 96/97/EC of 20 December 1996 amending Directive
86/378, the Czech Republic has failed to fulfil
its obligations
under those directives and Article 54 of the Act concerning the
the Republic of
conditions of accession of
Estonia,
the
Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic and the adjustments to the Treaties on which the
European Union is founded;

the Republic of Cyprus,

the Republic of Latvia,

the Czech Republic,

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

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz,
Agent)

Re:

Failure of a Member State to fulfil its obligations — Failing to
adopt, within the period prescribed, all the provisions necessary
to comply with Directive 2006/49/EC of
the European
Parliament and of the Council of 14 June 2006 on the capital
investment firms and credit institutions (recast)
adequacy of
(OJ 2006 L 177, p. 201)

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 2006/49/EC of the European Parliament
and of the Council of 14 June 2006 on the capital adequacy of
investment firms and credit institutions (recast) and, in particular,
Articles 17, 22 to 25, 30, 33, 35, 40, 41, 43, 44 and 50 and
Annexes I, II and VII thereto, the Kingdom of Spain has failed to
fulfil its obligations under that directive;

2. Orders the Czech Republic to pay the costs.

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

(1) OJ C 92, 12.4.2008.

(1) OJ C 116, 9.5.2008.