CELEX: 62007CJ0059
Language: en
Date: 2007-11-15
Title: Judgment of the Court (Fifth Chamber) of 15 November 2007. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Failure to transpose within the prescribed period. # Case C-59/07.

Judgment of the Court (Fifth Chamber) of 15 November 2007 – Commission v Spain
      (Case C‑59/07)
      Failure of a Member State to fulfil obligations – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Failure to transpose within the prescribed period
      1.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see para. 19)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 22)
      Re: 
      
         Failure of the Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are
                  long-term residents (OJ 2004 L 16, p. 44).
               
            Operative part
      
         The Court: 
            
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive
                     2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long‑term residents, the Kingdom
                     of Spain has failed to fulfil its obligations under that directive.
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Kingdom of Spain to pay the costs.