CELEX: C2004/262/17
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (First Chamber) of 9 September 2004 in Case C-70/03: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Rules of interpretation — Rules concerning conflict of laws)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/9
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 9 September 2004
   in Case C-70/03: Commission of the European Communities v Kingdom of Spain (1)
   
   (Failure of a Member State to fulfil obligations - Directive 93/13/EEC - Unfair terms in consumer contracts - Rules of interpretation - Rules concerning conflict of laws)
   (2004/C 262/17)
   Language of the case: Spanish
   In Case C-70/03: action under Article 226 EC for failure to fulfil obligations brought on 17 February 2003, Commission of the European Communities (Agents: I. Martínez del Peral and M. França) v Kingdom of Spain (Agent: L. Fraguas Gadea) — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas and R. Silva de Lapuerta, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 9 September 2004, in which it:
   
               1.
            
            
               Declares that, by failing correctly to transpose into national law Articles 5 and 6(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, 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 146 of 21.6.2003.