CELEX: 62008CA0272
Language: en
Date: 2009-07-09 00:00:00
Title: Case C-272/08: Judgment of the Court (Fifth Chamber) of 9 July 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2004/83/EC — Right of asylum — Failure to transpose within the prescribed period)

29.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 205/9
            
         Judgment of the Court (Fifth Chamber) of 9 July 2009 — Commission of the European Communities v Kingdom of Spain
   (Case C-272/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2004/83/EC - Right of asylum - Failure to transpose within the prescribed period)
   2009/C 205/14
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: M. Condou-Durande and E. Adsera Ribera, Agent)
   
      Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to have adopted, within the presribed period, the measures necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by not adopting, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the Kingdom of Spain has failed to fulfil its obligations under that directive.
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 209, 15.08.2008.