CELEX: 62009CJ0158
Language: en
Date: 2010-05-20 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 20 May 2010.#European Commission v Kingdom of Spain.#Failure of a Member State to fulfil obligations – Directive 2003/88/EC – Organisation of working time – Non-civilian personnel in public authorities – Failure to transpose within the prescribed period.#Case C-158/09.

Judgment of the Court (Fifth Chamber) of 20 May 2010 – Commission v Spain
      (Case C‑158/09)
      Failure of a Member State to fulfil obligations – Directive 2003/88/EC – Organisation of working time – Non-civilian personnel in public authorities – Failure to transpose within the prescribed period
      Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC; European Parliament and Council Directive
         2003/88) (see paras 7-10)
      
      Re:
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 1(3) of Directive 2003/88/EC of the European Parliament
                  and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9)
                  and Article 18(a) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working
                  time (OJ 1993 L 307, p. 18) maintained by Article 27(1) of Directive 2003/88, in conjunction with Annex I, Part B, of the
                  same directive – Non-civilian personnel in public authorities.
               
            Operative part: 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt within the prescribed period all the laws, regulations and administrative provisions necessary
                     to comply with Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects
                     of the organisation of working time, in respect of non-civilian personnel in public authorities, the Kingdom of Spain has
                     failed to fulfil its obligations under Article 1(3) of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.