Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2003/55/EC Internal market in natural gas
Sumário
Judgment of the Court (Fifth Chamber) of 16 November 2006.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 2003/55/EC - Internal market in natural gas - Failure to transpose within the prescribed period.
Case C-357/05.
Texto da decisão
Judgment of the Court (Fifth Chamber) of 16 November 2006 – Commission v Spain
(Case C-357/05)
Failure of a Member State to fulfil obligations – Directive 2003/55/EC – Internal market in natural gas – Failure to transpose within the prescribed period
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. 6)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57). |
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 Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, the Kingdom of Spain has failed to fulfil its obligations under that directive; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |