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Judgment of the Court (Fifth Chamber) of 16 November 2006. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2003/55/EC - Internal market in natural gas - Failure to transpose within the prescribed period. # Case C-357/05.
ECLI:EU:C:2006:718
62005CJ0357
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(Case C-357/05)
Failure of a Member State to fulfil obligations – Directive 2003/55/EC – Internal market in natural gas – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of 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) (see para. 6)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).
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 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, the Kingdom of Spain has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Spain to pay the costs.