CELEX: 62008CJ0321
Language: en
Date: 2009-04-23
Title: Judgment of the Court (Eighth Chamber) of 23 April 2009. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2005/29/EC - Unfair business-to-consumer commercial practices in the internal market - Failure to transpose within the prescribed period. # Case C-321/08.

Judgment of the Court (Eighth Chamber) of 23 April 2009 – Commission v Spain
      (Case C‑321/08)
      Failure of a Member State to fulfil obligations – Directive 2005/29/EC – Unfair business-to-consumer commercial practices in the internal market – Failure to transpose within the prescribed period
      1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 9)
      2.                     Actions for failure to fulfil obligations – Examination of the 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. 10)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer
                  commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC
                  of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council
                  (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer
                     commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC
                     of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council
                     (‘Unfair Commercial Practices Directive’), the Kingdom of Spain has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.