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Case C-321/08: Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Failure to transpose within the prescribed period)
ECLI:EU:UNKNOWN:62008CA0321
62008CA0321
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Official Journal of the European Union
C 141/19
(Case C-321/08)
(Failure of a Member State to fulfil obligations - Directive 2005/29/EC - Unfair business-to-consumer commercial practices in the internal market - Failure to transpose within the prescribed period)
2009/C 141/31
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: W. Wils and E. Adsera Ribera, 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 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22)
Operative part of the judgment
The Court:
1.Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), 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 223, 30.08.2008.