22.3.2014
EN
Official Journal of the European Union
C 85/2
Judgment of the Court (Tenth Chamber) of 16 January 2014 — European Commission v Kingdom of Spain
(Case C-67/12) (1)
(Failure of a Member State to fulfil obligations - Directive 2002/91/EC - Energy performance of buildings - Articles 3, 7 and 8 - Incomplete transposition)
2014/C 85/03
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: K. Herrmann and I. Galindo Martin, acting as Agents)
Defendant: Kingdom of Spain (represented by: A. Rubio González and S. Centeno Huerta, acting as Agents)
Re:
Failure of a Member State to fulfil its obligations — Failure to adopt or communicate, within the prescribed period, all of the measures necessary to ensure compliance with Articles 3, 7 and 8 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2003 L 1, p. 65), read in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ 2010 L 153, p. 13).
Operative part of the judgment
The Court:
1.
Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to ensure compliance with Articles 3, 7 and 8 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, the Kingdom of Spain has failed to fulfil its obligations under those provisions;
2.
Orders the Kingdom of Spain to pay the costs.
(1) OJ C 118, 21.04.2012.
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