Judgment of the Court (Eighth Chamber) of 21 June 2007 – Commission v Spain

(Case C‑358/05)

Failure of a Member State to fulfil obligations – Directive 2003/54/EC – Internal market in electricity – Failure to transpose within the period prescribed

Actions for failure to fulfil obligations – Examination of 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. 8)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC – Statements made with regard to decommissioning and waste management activities (OJ 2003 L 176, p. 37).

Operative part:

The Court:

Declares that, by failing to adopt, within the period prescribed, the laws, regulation and administrative provisions to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC, the Kingdom of Spain has failed to fulfil its obligations under that directive;

Orders the Kingdom of Spain to pay the costs.