CELEX: 62005CJ0358
Language: en
Date: 2007-06-21
Title: Judgment of the Court (Eighth Chamber) of 21 June 2007. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2003/54/EC - Internal market in electricity - Failure to transpose within the period prescribed. # Case C-358/05.

Judgment of the Court (Eighth Chamber) of 21 June 2007 – Commission v Spain
      (Case C‑358/05)
      Failure of a Member State to fulfil obligations – Directive 2003/54/EC – Internal market in electricity – Failure to transpose within the period prescribed
      Actions for failure to fulfil obligations – Examination of 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. 8)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary
                  to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules
                  for the internal market in electricity and repealing Directive 96/92/EC – Statements made with regard to decommissioning and
                  waste management activities (OJ 2003 L 176, p. 37).
               
            Operative part:
      The Court: 
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt, within the period prescribed, the laws, regulation and administrative provisions to comply
                     with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal
                     market in electricity and repealing Directive 96/92/EC, the Kingdom of Spain has failed to fulfil its obligations under that
                     directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Kingdom of Spain to pay the costs.