CELEX: 62008CJ0272
Language: en
Date: 2009-07-09
Title: 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. # Case C-272/08.

Judgment of the Court (Fifth Chamber) of 9 July 2009 – Commission v Spain
      (Case C‑272/08)
      Failure of a Member State to fulfil obligations – Directive 2004/83/EC – Right of asylum – Failure to transpose within the prescribed period
      1.                     Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative
            action (Art. 249 EC) (see paras 8-9)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            (Art. 226 EC) (see para. 10)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the 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 (OJ 2004 L 304, p. 12).
               
            Operative part
      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.