Judgment of the Court (Eighth Chamber) of 27 September 2007 – Commission v Spain

(Case C‑465/06)

Failure of a Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – 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 measures necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90).

Operative part

The Court:

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply fully with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, the Kingdom of Spain has failed to fulfil its obligations under that directive;

Orders the Kingdom of Spain to pay the costs.