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:
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;
2.
Orders the Kingdom of Spain to pay the costs.
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