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(Failure of a Member State to fulfil its obligation - Directive 2003/110/EC - Assistance in cases of transit for the purposes of removal by air - Failure to transpose within the prescribed period)
(2008/C 79/11)
Language of the case: Spanish
Applicant: Commission of the European Communities (represented by: M. Condou-Durande and A. Alcover San Pedro, acting as Agents)
Defendant: Kingdom of Spain (represented by: M.Muñoz Pérez, acting as Agent)
Failure of a Member State to fulfil its obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ 2003 L 321, p. 26)
The Court:
1.Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air, 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 69 of 24.3.2006.