CELEX: 62012CN0067
Language: en
Date: 2012-02-09 00:00:00
Title: Case C-67/12: Action brought on 9 February 2012 — European Commission v Kingdom of Spain

21.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/15
            
         Action brought on 9 February 2012 — European Commission v Kingdom of Spain
   (Case C-67/12)
   2012/C 118/24
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: European Commission (represented by: K. Herrmann and I. Galindo Martin, acting as Agents)
   
      Defendant: Kingdom of Spain
   
      Form of order sought
   
   
               —
            
            
               declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Articles 3, 7 and 8 of Directive 2002/91/EC (1) of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, and in any event, by failing to communicate them to the Commission, the Kingdom of Spain has failed to fulfil its obligations under those articles, in conjunction with Article 29 of Directive 2010/31/EU (2) of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings;
            
         
               —
            
            
               order the Kingdom of Spain to pay the costs.
            
         
      Pleas in law and main arguments
   
   
               1.
            
            
               Article 15 of Directive 2002/91/EC provides that the Member States are to adopt the provisions necessary to comply with the directive at the latest on 4 January 2006.
            
         
               2.
            
            
               The Commission states that the Kingdom of Spain has yet to adopt the necessary provisions referred to in Articles 3, 7 and 8 of Directive 2002/91/EC or, in any event, has failed to communicate them to it.
            
         
      (1)  OJ 2003 L 1, p. 65.
   
      (2)  OJ 2010 L 153, p. 13.