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Document 62008CJ0502

Judgment of the Court (Seventh Chamber) of 1 October 2009.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 2005/60/EC - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing - Failure to transpose completely - Failure to communicate the measures to transpose the directive.
Case C-502/08.

European Court Reports 2009 I-00161*

ECLI identifier: ECLI:EU:C:2009:603





Judgment of the Court (Seventh Chamber) of 1 October 2009 – Commission v Spain

(Case C‑502/08)

Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Failure to transpose completely – Failure to communicate the measures to transpose the directive

1.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see para. 21)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see paras 24-25)

3.                     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. 27)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, 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 Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, and by failing to communicate to the Commission of the European Communities, the provisions of national law intended to contribute to ensuring such compliance, the Kingdom of Spain has failed to fulfil its obligations under Article 45 of that directive;

2.

Orders the Kingdom of Spain to pay the costs.

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