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Cite as: [1994] EUECJ C-94/94

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61994J0094
Judgment of the Court (Sixth Chamber) of 15 December 1994.
Commission of the European Communities v Kingdom of Spain.
Failure by a Member State to fulfil its obligations - Directive 90/167/EEC - Conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community.
Case C-94/94.
European Court reports 1994 Page I-05777

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Member States ° Obligations ° Implementation of directives ° Failure to do so not contested
(EC Treaty, Art. 169)

In Case C-94/94,
Commission of the European Communities, represented by José Luis Iglesias Buhigues, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, of its Legal Service, Wagner Centre, Kirchberg,
applicant,
v
Kingdom of Spain, represented by Alberto José Navarro González, Director-General for Legal and Institutional Coordination in Community Affairs, and Miguel Bravo-Ferrer Delgado, Abogado del Estado, acting as Agents, with an address for service in Luxembourg at the Spanish Embassy, 4-6 Boulevard E. Servais,
defendant,
APPLICATION for a declaration that the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty by failing to adopt and bring into effect the laws, regulations and administrative measures necessary to implement Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community (OJ 1990 L 92, p. 42), with the exception of the obligations laid down in Article 11(2) of the directive, and by failing to inform the Commission,
THE COURT (Sixth Chamber),
composed of: F.A. Schockweiler, President of the Chamber, P.J.G. Kapteyn (Rapporteur), G.F. Mancini, C.N. Kakouris and J.L. Murray, Judges,
Advocate General: P. Léger,
Registrar: R. Grass,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 17 November 1994,
gives the following
Judgment

1 By application lodged at the Court Registry on 18 March 1994 the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that by failing to adopt and bring into effect the laws, regulations and administrative measures necessary to implement Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community (OJ 1990 L 92, p. 42, hereinafter "the directive"), with the exception of the obligations laid down in Article 11(2) of the directive, and by failing to inform the Commission, the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty.
2 Article 15 of the directive provides as follows:
"Member States shall bring into force the laws, regulations and administrative provisions necessary to comply:
° with the requirements of Article 11(2) on the date on which they must conform with the Community rules on the protection of feedingstuffs against pathogenic agents, but at the latest by 31 December 1992,
° before 1 October 1991, with the other provisions of this directive.
They shall forthwith inform the Commission thereof."
3 The Commission maintains that by failing to adopt the necessary provisions by 1 October 1991 at the latest the Kingdom of Spain has failed to comply with its obligations under Articles 5 and 189, third paragraph, of the EC Treaty.
4 The Kingdom of Spain does not deny that the directive was not transposed into national law within the prescribed period. However, it states that work on the draft decree enabling the directive to be implemented has reached a very advanced stage.
5 Since the directive has not been transposed within the prescribed period the failure to fulfil obligations alleged by the Commission must be regarded as established.
6 Consequently, it must be held that by failing to adopt within the prescribed period the laws, regulations and administrative measures necessary to comply with Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, with the exception of the obligations laid down in Article 11(2) of the directive, the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty.

Costs
7 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the Kingdom of Spain has been unsuccessful it must be ordered to pay the costs.

On those grounds,
THE COURT (Sixth Chamber)
hereby declares:
1. By failing to adopt within the prescribed period the laws, regulations and administrative measures necessary to comply with Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, with the exception of the obligations laid down in Article 11(2) of the directive, the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty.
2. The Kingdom of Spain is ordered to pay the costs.