CELEX: 62008CA0504
Language: en
Date: 2009-09-24 00:00:00
Title: Case C-504/08: Judgment of the Court (Fifth Chamber) of 24 September 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2006/70/EC — Civil servants and politicians — Money laundering — Incomplete transposition)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/14
            
         Judgment of the Court (Fifth Chamber) of 24 September 2009 — Commission of the European Communities v Kingdom of Spain
   (Case C-504/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2006/70/EC - Civil servants and politicians - Money laundering - Incomplete transposition)
   2009/C 282/25
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: P. Dejmek and E. Adsera Ribera, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: J. López-Medel Bascones, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis (OJ 2006 L 214, p. 29)
   
      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 Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis, the Kingdom of Spain has failed to fulfil its obligations under Article 5 of that directive;
            
         
               2.
            
            
               orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 6, 10.1.2009.