17.8.2020

EN

Official Journal of the European Union

C 271/31

(Case C-278/20)

(2020/C 271/40)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: I. Martínez del Peral, J. Baquero Cruz and P.J.O. Van Nuffel, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

—A declaration that, by adopting and maintaining in force Article 32(3) to (6) and the second subparagraph of Article 34(1) of Law 40/2015, and the third subparagraph of Article 67(1) of Law 39/2015, the Kingdom of Spain has failed to fulfil its obligations under the principles of effectiveness and equivalence as limitations on the autonomy enjoyed by Member States when laying down the substantive and procedural conditions governing their liability for harm caused to individuals in breach of EU law;

—an order that the Kingdom of Spain pay the costs.

Pleas in law and main arguments

This application for failure to fulfil obligations, submitted in accordance with Article 258 TFEU, relates to Article 32(3) to (6) and the second subparagraph of Article 34(1) of Law 40/2015 of 1 October 2015 on the legal rules governing the public sector, and the third subparagraph of Article 67(1) of Law 39/2015 of 1 October 2015 on the common administrative procedure for public bodies.

The provisions at issue have aligned the rules on the liability of the State as legislature for breaches of EU law with the provisions laid down for infringements of the Spanish Constitution by acts of the legislature, by adding certain substantive conditions.

The alignment of the rules and the associated procedural requirements have the effect of making it impossible or extremely difficult to seek redress for infringements of EU law by the Spanish legislature, in breach of the principle of effectiveness.

Furthermore, the substantive conditions added for infringements of EU law are incompatible with the principle of equivalence, by making redress for harm caused by the Spanish legislature in breach of EU law subject to conditions that are less favourable than those applicable to harm arising from an infringement of the Spanish Constitution.