CELEX: 62009CA0158
Language: en
Date: 2010-05-20 00:00:00
Title: Case C-158/09: 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)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/12
            
         Judgment of the Court (Fifth Chamber) of 20 May 2010 — European Commission v Kingdom of Spain
   (Case C-158/09) (1)
   
   (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)
   2010/C 179/19
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: European Commission (represented by: I. Martinez del Peral Cagigal and M. van Beek, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)
   
      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, read in conjunction with Annex I, Part B, of the same directive — Non-civilian personnel in public authorities
   
      Operative part of the judgment
   
   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 bear the costs.
            
         
      (1)  OJ C 180 of 1.8.2009.