CELEX: C2006/294/43
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-380/06: Action brought on 15 September 2006 — Commission of the European Communities v Kingdom of Spain

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/25
            
         Action brought on 15 September 2006 — Commission of the European Communities v Kingdom of Spain
   (Case C-380/06)
   (2006/C 294/43)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: B. Schima and S. Pardo Quintillán, acting as Agents)
   
      Defendant: Kingdom of Spain
   Form of order sought
   The Court is asked to:
   
               —
            
            
               declare that, by authorising, under Law 3/2004 of 29 December 2004 on combating late payment in commercial transactions, a period of 90 days for the payment of specific staple foods and postponing the entry into force of certain provisions until 1 July 2006, the Kingdom of Spain has failed to fulfil its obligations under Article 3(1)(2) and (4) of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (1);
            
         
               —
            
            
               order the Kingdom of Spain to pay the costs.
            
         Pleas in law and main arguments
   Directive 2000/35/EC does not provide for the partial or gradual application of its provisions in any circumstances. Accordingly the postponement until 1 July 2006 is contrary to Article 3(1) and (2) thereof. It also infringes Article 3(4) which provides that the Member States are to ensure that, in the interests of creditors and of competitors, adequate and effective means exist to prevent the continued use of terms which are manifestly unfair.
   Thus the postponement of the application of the maximum period of 60 days cannot be regarded as an additional requirement in favour of creditors, nor is it in any event acceptable, in particular on account of the fact that national legislation to transpose Directive 2000/35/EC ought to have been brought into force before August 2002.
   
      (1)  OJ L 200 of 8.8.2000. p. 35.