Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2003/109/EC country nationals who are long term residents Status of third
Sumário
Judgment of the Court (Fifth Chamber) of 15 November 2007.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Failure to transpose within the prescribed period.
Case C-59/07.
Texto da decisão
Judgment of the Court (Fifth Chamber) of 15 November 2007 – Commission v Spain
(Case C‑59/07)
Failure of a Member State to fulfil obligations – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Failure to transpose within the prescribed period
1. Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see para. 19)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 22)
Re:
| Failure of the Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44). |
Operative part
| The Court: |
|
|
Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long‑term residents, the Kingdom of Spain has failed to fulfil its obligations under that directive. |
|
|
Orders the Kingdom of Spain to pay the costs. |