CELEX: 62006CJ0392
Language: en
Date: 2007-06-21
Title: Judgment of the Court (Sixth Chamber) of 21 June 2007. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2002/15/EC - Organisation of the working time of persons performing mobile road transport activities - Failure to transpose within the period prescribed. # Case C-392/06.

Judgment of the Court (Sixth Chamber) of 21 June 2007 – Commission v Spain
      (Case C‑392/06)
      Failure of a Member State to fulfil obligations – Directive 2002/15/EC – Organisation of the working time of persons performing mobile road transport activities – Failure to transpose within the period prescribed
      1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 9)
      2.                     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. 10)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary
                  to comply with Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of
                  the working time of persons performing mobile road transport activities (OJ 2002 L 80, p. 35).
               
            Operative part: 
      The Court:
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of
                     the working time of persons performing mobile road transport activities, the Kingdom of Spain has failed to fulfil its obligations
                     under that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Kingdom of Spain to pay the costs.