Judgment of the Court (Seventh Chamber) of 11 February 2010 – Commission v Spain
(Case C‑523/08)
Failure of a Member State to fulfil obligations – Directive 2005/71/EC – Specific procedure for admitting third-country nationals for the purposes of scientific research – Failure to transpose within the prescribed period
1. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 11)
2. Actions for failure to fulfil obligations – Examination of the 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. 12)
3. Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative action – Not permissible in the case of an express requirement that reference be made to a directive (Art. 249, third para., EC) (see paras 13-14)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period the provisions necessary to comply with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third‑country nationals for the purposes of scientific research (OJ 2005 L 289, p. 15).
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 Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research, 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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