Judgment of the Court (First Chamber) of 11 December 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-380/06) (1)

(Failure of a Member State to fulfil obligations - Late payment in commercial transactions - Time-limit - Directive 2000/35/EC - Infringement of Article 3(1), (2) and (4))

(2009/C 32/02)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: B. Schima and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 3(1)(2) and (4) of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ 2000 L 200, p. 35) — Period of 90 days for the payment of certain staple foods

Operative part of the judgment

The Court:

(1)  OJ C 294 of 2.12.2006.