Judgment of the Court (Fifth Chamber) of 20 May 2010 — European Commission v Kingdom of Spain

(Case C-158/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/88/EC - Organisation of working time - Non-civilian personnel in public authorities - Failure to transpose within the prescribed period)

(2010/C 179/19)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: I. Martinez del Peral Cagigal and M. van Beek, acting as Agents)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 1(3) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9) and Article 18(a) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) maintained by Article 27(1) of Directive 2003/88, read in conjunction with Annex I, Part B, of the same directive — Non-civilian personnel in public authorities

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 comply with Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, in respect of non-civilian personnel in public authorities, the Kingdom of Spain has failed to fulfil its obligations under Article 1(3) of that directive;

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

---

(1)  OJ C 180 of 1.8.2009.