This document is an excerpt from the EUR-Lex website
Document 62020CA0278
Case C-278/20: Judgment of the Court (Grand Chamber) of 28 June 2022 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Liability of Member States for loss or harm caused to individuals by breaches of EU law — Breach of EU law attributable to the national legislature — Breach of the Constitution of a Member State attributable to the national legislature — Principles of equivalence and effectiveness)
Case C-278/20: Judgment of the Court (Grand Chamber) of 28 June 2022 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Liability of Member States for loss or harm caused to individuals by breaches of EU law — Breach of EU law attributable to the national legislature — Breach of the Constitution of a Member State attributable to the national legislature — Principles of equivalence and effectiveness)
Case C-278/20: Judgment of the Court (Grand Chamber) of 28 June 2022 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Liability of Member States for loss or harm caused to individuals by breaches of EU law — Breach of EU law attributable to the national legislature — Breach of the Constitution of a Member State attributable to the national legislature — Principles of equivalence and effectiveness)
OJ C 398, 17.10.2022, p. 9–10
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
17.10.2022 |
EN |
Official Journal of the European Union |
C 398/9 |
Judgment of the Court (Grand Chamber) of 28 June 2022 — European Commission v Kingdom of Spain
(Case C-278/20) (1)
(Failure of a Member State to fulfil obligations - Liability of Member States for loss or harm caused to individuals by breaches of EU law - Breach of EU law attributable to the national legislature - Breach of the Constitution of a Member State attributable to the national legislature - Principles of equivalence and effectiveness)
(2022/C 398/10)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: J. Baquero Cruz, I. Martínez del Peral and P. Van Nuffel, acting as agents)
Defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, S. Centeno Huerta, A. Gavela Llopis and J. Rodríguez de la Rúa Puig, acting as agents)
Operative part of the judgment
The Court:
1. |
Declares that, by adopting and maintaining in force Article 32(3) to (6) and the second subparagraph of Article 34(1) of Ley 40/2015 de Régimen Jurídico del Sector Público (Law 40/2015 on the legal system governing the public sector) of 1 October 2015 and the third subparagraph of Article 67(1) of Ley 39/2015 del Procedimiento Administrativo Común de las Administraciones Públicas (Law 39/2015 on the common administrative procedure of the public authorities) of 1 October 2015, the Kingdom of Spain has failed to fulfil its obligations under the principle of effectiveness, in that those provisions make compensation for the loss or harm caused to individuals by the Spanish legislature as a result of an infringement of EU law subject to:
|
2. |
Dismisses the action as to the remainder; |
3. |
Orders the European Commission and the Kingdom of Spain each to bear their own costs. |