CELEX: 62007CJ0058
Language: en
Date: 2008-02-14 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 14 February 2008.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Directive 2003/110/EC - Assistance in cases of transit for the purposes of removal by air - Failure to transpose within the prescribed period.#Case C-58/07.

Judgment of the Court (Eighth Chamber) of 14 February 2008 – Commission v Spain
      (Case C‑58/07)
      Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit for the purposes of removal by air – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of 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) (see para. 7)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 8)
      3.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see paras 11, 13)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal
                  by air (OJ 2003 L 321, p. 26).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive
                     2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air, the Kingdom of Spain
                     has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.