6.12.2008   

EN

Official Journal of the European Union

C 313/5


Judgment of the Court (Second Chamber) of 16 October 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-136/07) (1)

(Failure of a Member State to fulfil obligations - Directives 89/48/EEC and 92/51/EEC - Recognition of diplomas and professional education and training - Profession of air traffic controller)

(2008/C 313/07)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: H. Støvlbæk and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: M Muñoz Pérez, Agent)

Re:

Failure of Member State to fulfil its obligations — Infringement of Council Directives 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16) and 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) — Taking up the profession of air traffic controller.

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt, in connection with the profession of air traffic controller, the laws, regulations and administrative provisions necessary to comply with Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration and Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48, the Kingdom of Spain has failed to fulfil its obligations under those directives;

2.

Orders the Kingdom of Spain to pay the costs.


(1)  OJ C 117, 26.5.2007.