CELEX: C2007/117/20
Language: en
Date: 2007-05-26 00:00:00
Title: Case C-136/07: Action brought on 7 March 2007 — Commission of the European Communities v Kingdom of Spain

26.5.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 117/13
            
         Action brought on 7 March 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-136/07)
   (2007/C 117/20)
   Language of the case: Spanish
   Parties
   
      Applicant(s): Commission of the European Communities (represented by: H. Støvlbæk and R. Vidal Puig, agents)
   
      Defendant(s): Kingdom of Spain
   Form of order sought
   
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               Declare that the Kingdom of Spain has failed to fulfil its obligations under Council Directive 89/48/EEC (1) of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, and under Council Directive 92/51/EEC (2) of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC, in relation to the taking up of the profession of air traffic controller.
            
         
               —
            
            
               order Kingdom of Spain to pay the costs.
            
         Pleas in law and main arguments
   
               (1)
            
            
               Directive 89/48/EEC is applicable to the taking up and pursuit of the profession of air traffic controller in Spain given that
               
                           —
                        
                        
                           the set of diplomas, licences and ratings necessary to the pursuit of the profession of ‘air traffic controller ’in Spain is a ‘diploma ’within the meaning of Directive 89/48/EEC;
                        
                     
                           —
                        
                        
                           the profession of air traffic controller is a ‘regulated profession ’in Spain within the meaning of Directive 89/48/EEC.
                        
                     
         
               (2)
            
            
               Notwithstanding the above, the Kingdom of Spain has not adopted the measures necessary to implement Directive 89/48/EEC in relation to the profession of air traffic controller.
            
         
               (3)
            
            
               The Commission considers that the Kingdom of Spain has also failed to fulfil its obligations under Directive 92/51/EEC in that
               
                           —
                        
                        
                           Directive 92/51/EEC is applicable to the profession of air traffic controller; and
                        
                     
                           —
                        
                        
                           The Kingdom of Spain has not adopted the measures necessary to implement Directive 92/51/EEC in relation to the profession of air traffic controller.
                        
                     
         
               (4)
            
            
               Directive 2006/23/EC (3) of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence establishes a system of mutual recognition of air traffic controller licences issued in accordance with that directive. However, the specified period within which Member States must comply with that directive does not expire until 17 May 2008. Consequently, until that date Directives 89/48/EEC and 92/51/EEC continue to apply in relation to the taking up and pursuit of the profession of air traffic controller in Spain.
            
         
      (1)  OJ 1989 L 19, p. 16.
   
      (2)  OJ 1992 L 209, p. 25.
   
      (3)  OJ 2006 L 114, p. 22.