CELEX: 62008CA0321
Language: en
Date: 2009-04-23 00:00:00
Title: Case C-321/08: Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Failure to transpose within the prescribed period)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/19
            
         Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Kingdom of Spain
   (Case C-321/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2005/29/EC - Unfair business-to-consumer commercial practices in the internal market - Failure to transpose within the prescribed period)
   2009/C 141/31
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: W. Wils and E. Adsera Ribera, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), 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 223, 30.08.2008.