CELEX: 62005CJ0357
Language: en
Date: 2006-11-16
Title: Judgment of the Court (Fifth Chamber) of 16 November 2006. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2003/55/EC - Internal market in natural gas - Failure to transpose within the prescribed period. # Case C-357/05.

Judgment of the Court (Fifth Chamber) of 16 November 2006 – Commission v Spain
      (Case C-357/05)
      Failure of a Member State to fulfil obligations – Directive 2003/55/EC – Internal market in natural gas – Failure to transpose within the prescribed period
      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. 6)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for
                  the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).
               
            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 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common
                     rules for the internal market in natural gas and repealing Directive 98/30/EC, the Kingdom of Spain has failed to fulfil its
                     obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Kingdom of Spain to pay the costs.