Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2003/110/EC Assistance in cases of transit for the purposes of removal by air
Sumário
Judgment of the Court (Eighth Chamber) of 14 February 2008.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 2003/110/EC - Assistance in cases of transit for the purposes of removal by air - Failure to transpose within the prescribed period.
Case C-58/07.
Texto da decisão
Judgment of the Court (Eighth Chamber) of 14 February 2008 – Commission v Spain
(Case C‑58/07)
Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit for the purposes of removal by air – Failure to transpose within the prescribed period
1. 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. 7)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 8)
3. Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see paras 11, 13)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ 2003 L 321, p. 26). |
Operative part
The Court:
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1. |
Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air, the Kingdom of Spain has failed to fulfil its obligations under that directive; |
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2. |
Orders the Kingdom of Spain to pay the costs. |