Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Kingdom of Spain (Judgment of the Court (Fifth Chamber)) [2009] EUECJ C-504/08 (24 September 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C50408.html
Cite as: [2009] EUECJ C-504/08, [2009] EUECJ C-504/8, EU:C:2009:581, ECLI:EU:C:2009:581

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Judgment of the Court (Fifth Chamber) of 24 September 2009 – Commission v Spain

(Case C‑504/08)

Failure of a Member State to fulfil obligations – Directive 2006/70/EC – Civil servants and politicians – Money laundering – Incomplete transposition

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 6)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis (OJ 2006 L 214, p. 29).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis, the Kingdom of Spain has failed to fulfil its obligations under Article 5 of that directive;

2.

Orders the Kingdom of Spain to pay the costs.

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