26.1.2008   

EN

Official Journal of the European Union

C 22/13


Judgment of the Court (Sixth Chamber) of 29 November 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-6/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2002/74/EC - Protection of workers - Insolvency of employer)

(2008/C 22/25)

Language of the case: Spanish

Parties

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

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt within the prescribed period the provisions necessary to comply with Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002, amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 2002 L 270, p. 10)

Operative part of the judgment

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 2002/74/EC of the European Parliament and of the Council of 23 September 2002, amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Spain to pay the costs.


(1)  OJ C 56 of 10.3.2007.