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Case C-384/22: Judgment of the Court (Tenth Chamber) of 7 September 2023 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Protection of health — Directive 2013/59/Euratom — Basic safety standards for protection against the dangers arising from exposure to ionising radiation — Article 106 — Transposition — Failure to transpose or to communicate the measures taken within the prescribed time limit)

ECLI:EU:UNKNOWN:62022CA0384

62022CA0384

September 7, 2023
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Official Journal of the European Union

Series C

C/2023/200

(Case C-384/22) (<span class="oj-super oj-note-tag">1</span>)

(Failure of a Member State to fulfil obligations - Protection of health - Directive 2013/59/Euratom - Basic safety standards for protection against the dangers arising from exposure to ionising radiation - Article 106 - Transposition - Failure to transpose or to communicate the measures taken within the prescribed time limit)

(C/2023/200)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: E. Sanfrutos Cano and R. Tricot, acting as Agents)

Defendant: Kingdom of Spain (represented by: initially J. Rodríguez de la Rúa Puig, and subsequently A. Ballesteros Panizo, acting as Agents)

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 fully with Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, and by failing to communicate to the European Commission the text of the provisions adopted to ensure the full transposition of that directive, the Kingdom of Spain has failed to fulfil its obligations under that directive and, in particular, under Article 106(1) and (3) thereof;

2.Orders the Kingdom of Spain to pay the costs.

Language of the case: Spanish.

ELI: http://data.europa.eu/eli/C/2023/200/oj

ISSN 1977-091X (electronic edition)

* * *

(<span class="oj-super">1</span>) OJ C 303, 8.8.2022.

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