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Case C-523/08: Judgment of the Court (Seventh Chamber) of 11 February 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2005/71/EC — Specific procedure for admitting third-country nationals for the purposes of scientific research — Failure to transpose within the prescribed period)
ECLI:EU:UNKNOWN:62008CA0523
62008CA0523
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27.3.2010
Official Journal of the European Union
C 80/3
(Case C-523/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 2005/71/EC - Specific procedure for admitting third-country nationals for the purposes of scientific research - Failure to transpose within the prescribed period)
2010/C 80/05
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: M. Condou-Durande and M.-A. Rabanal Suárez, acting as Agents)
Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt within the prescribed period the provisions necessary to comply with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ 2005 L 289, p. 15)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research, 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 19, 24.01.2009.