10.1.2009   

EN

Official Journal of the European Union

C 6/17


Action brought on 20 November 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-503/08)

(2009/C 6/29)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: P. Dejmek and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC (1) of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, the Kingdom of Spain has failed to fulfil its obligations under Article 19 of that directive;

order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2005/56/EC into national law expired on 15 December 2007.


(1)  OJ 2005, L 310, p. 1.