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Case C-388/16: Judgment of the Court (Tenth Chamber) of 13 July 2017 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-execution — Article 260(2) TFEU — Pecuniary penalties — Lump sum)

ECLI:EU:UNKNOWN:62016CA0388

62016CA0388

July 13, 2017
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4.9.2017

Official Journal of the European Union

C 293/11

(Case C-388/16)(Failure of a Member State to fulfil obligations - Judgment of the Court establishing a failure to fulfil obligations - Non-execution - Article 260(2) TFEU - Pecuniary penalties - Lump sum)

(2017/C 293/14)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: L. Nicolae and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain (represented by: A. Sampol Pucurull and A. Rubio González, acting as Agents)

Operative part of the judgment

The Court:

1)Declares that, by failing to adopt the measures necessary to comply with the judgment of 11 December 2014 in Commission v Spain (C-576/13, not published, EU:C:2014:2430) by the expiry of the period prescribed in the letter of formal notice sent by the European Commission, namely 20 September 2015, the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU.

2)Orders the Kingdom of Spain to pay the European Commission a lump sum of EUR 3 million.

3)Orders the Kingdom of Spain to pay the costs.

Language of the case: Spanish.

(1) OJ C 314, 29.8.2016.

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