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Document 62009CJ0158

Judgment of the Court (Fifth Chamber) of 20 May 2010.
European Commission v Kingdom of Spain.
Failure of a Member State to fulfil obligations – Directive 2003/88/EC – Organisation of working time – Non-civilian personnel in public authorities – Failure to transpose within the prescribed period.
Case C-158/09.

European Court Reports 2010 I-00068*

ECLI identifier: ECLI:EU:C:2010:292





Judgment of the Court (Fifth Chamber) of 20 May 2010 – Commission v Spain

(Case C‑158/09)

Failure of a Member State to fulfil obligations – Directive 2003/88/EC – Organisation of working time – Non-civilian personnel in public authorities – Failure to transpose within the prescribed period

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; European Parliament and Council Directive 2003/88) (see paras 7-10)

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 1(3) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9) and Article 18(a) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) maintained by Article 27(1) of Directive 2003/88, in conjunction with Annex I, Part B, of the same directive – Non-civilian personnel in public authorities.

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 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, in respect of non-civilian personnel in public authorities, the Kingdom of Spain has failed to fulfil its obligations under Article 1(3) of that directive;

2.

Orders the Kingdom of Spain to pay the costs.

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