CELEX: 62008CJ0523
Language: en
Date: 2010-02-11 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 11 February 2010. # European Commission v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2005/71/EC - Specific procedure for admitting third-country nationals for the purposes of scientific research - Failure to transpose within the prescribed period. # Case C-523/08.

Judgment of the Court (Seventh Chamber) of 11 February 2010 – Commission v Spain
      (Case C‑523/08)
      Failure of a Member State to fulfil obligations – Directive 2005/71/EC – Specific procedure for admitting third-country nationals for the purposes of scientific research – Failure to transpose within the prescribed period
      1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 11)
      2.                     Actions for failure to fulfil obligations – Examination of the 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. 12)
      3.                     Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative
            action – Not permissible in the case of an express requirement that reference be made to a directive (Art. 249, third para.,
            EC) (see paras 13-14)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period the provisions necessary to
                  comply with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third‑country nationals
                  for the purposes of scientific research (OJ 2005 L 289, p. 15).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions
                     necessary to comply with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country
                     nationals for the purposes of scientific research, the Kingdom of Spain has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.