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Case C-113/08: Judgment of the Court (Fifth Chamber) of 4 December 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2006/49/EC — Investment firms and credit institutions — Capital adequacy — Failure to transpose within the period prescribed)
ECLI:EU:UNKNOWN:62008CA0113
62008CA0113
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24.1.2009
Official Journal of the European Union
C 19/9
(Case C-113/08)
(Failure of a Member State to fulfil obligations - Directive 2006/49/EC - Investment firms and credit institutions - Capital adequacy - Failure to transpose within the period prescribed)
(2009/C 19/15)
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: M.-A. Rabanal Suárez and P. Dejmek, acting as Agents)
Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Agent)
Re:
Failure of a Member State to fulfil its obligations — Failing to adopt, within the period prescribed, all the provisions necessary to comply with Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) (OJ 2006 L 177, p. 201)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) and, in particular, Articles 17, 22 to 25, 30, 33, 35, 40, 41, 43, 44 and 50 and Annexes I, II and VII thereto, the Kingdom of Spain has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Spain to pay the costs.
(<span class="super">1</span>) OJ C 116, 9.5.2008.