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Document 62009CJ0158

Summary of the Judgment

Judgment of the Court (Fifth Chamber) of 20 May 2010.
European Commission v Kingdom of Spain.
Failure of a Member State to fulfil obligations – Directive 2003/88/EC – Organisation of working time – Non-civilian personnel in public authorities – Failure to transpose within the prescribed period.
Case C-158/09.

Keywords
Subject of the case
Operative part

Keywords

Actions for failure to fulfil obligations

Examination of the 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; European Parliament and Council Directive 2003/88) (see paras 7-10

)

Subject of the case

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

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.

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