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Case C-67/12: Judgment of the Court (Tenth Chamber) of 16 January 2014 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Articles 3, 7 and 8 — Incomplete transposition)

ECLI:EU:UNKNOWN:62012CA0067

62012CA0067

January 16, 2014
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22.3.2014

Official Journal of the European Union

C 85/2

(Case C-67/12) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2002/91/EC - Energy performance of buildings - Articles 3, 7 and 8 - Incomplete transposition)

2014/C 85/03

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: K. Herrmann and I. Galindo Martin, acting as Agents)

Defendant: Kingdom of Spain (represented by: A. Rubio González and S. Centeno Huerta, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt or communicate, within the prescribed period, all of the measures necessary to ensure compliance with Articles 3, 7 and 8 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2003 L 1, p. 65), read in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ 2010 L 153, p. 13).

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 ensure compliance with Articles 3, 7 and 8 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, the Kingdom of Spain has failed to fulfil its obligations under those provisions;

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

(<span class="super">1</span>) OJ C 118, 21.04.2012.

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