21.6.2008   

EN

Official Journal of the European Union

C 158/6


Judgment of the Court (Second Chamber) of 8 May 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-39/07) (1)

(Failure of a Member State to fulfil obligations - Directive 89/48/EEC - Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration - National legislation not providing for the recognition of diplomas allowing access to the profession of hospital pharmacist - Failure to transpose the directive)

(2008/C 158/08)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: H. Støvlbæk and R. Vidal Puig, Agents, Agents)

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to transpose Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16), as far as the profession of hospital pharmacist is concerned

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt all the measures necessary to transpose Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, as far as the profession of hospital pharmacist is concerned, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Spain to pay the costs.


(1)  OJ C 82, 14.4.2007.