24.1.2009   

EN

Official Journal of the European Union

C 19/20


Action brought on 27 November 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-523/08)

(2009/C 19/35)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by M. Condou-Durande and M.-A. Rabanal Suárez, Agents,)

Defendant: Kingdom of Spain

Form of order sought

a declaration that the Kingdom of Spain, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2005/71/EC (1) on a specific procedure for admitting third-country nationals for the purposes of scientific research and, in any case, by failing to communicate such provisions to the Commission, has failed to fulfil its obligations under that Directive;

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

Pleas in law and main arguments

The period allowed for the transposition into domestic law of Directive 2005/71/EC expired on 12 October 2007.


(1)  OJ 2005 L 289, p. 15.