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Document 62009CJ0158
Summary of the Judgment
Summary of the Judgment
Keywords
Subject of the case
Operative part
Actions for failure to fulfil obligations
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Examination of the merits by the Court
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Situation to be taken into consideration
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Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC; European Parliament and Council Directive 2003/88) (see paras 7-10
)
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 1(3) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9) and Article 18(a) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) maintained by Article 27(1) of Directive 2003/88, in conjunction with Annex I, Part B, of the same directive – Non-civilian personnel in public authorities.
Operative part:
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 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, in respect of non-civilian personnel in public authorities, the Kingdom of Spain has failed to fulfil its obligations under Article 1(3) of that directive;
2. Orders the Kingdom of Spain to pay the costs.