Judgment of the Court (Sixth Chamber) of 14 May 2009 – Commission v Spain
(Case C‑266/08)
Failure of a Member State to fulfil obligations – Directive 2004/81/EC – Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities – Failure to transpose completely – Failure to communicate the measures to transpose the directive
1.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 11)
2.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 paras 14-16)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive2004/81/EC of 29 April 2004 on the residence permit issued to third‑country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ 2004 L 261, p. 19). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/81/EC of 29April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities, and by failing to communicate to the Commission of the European Communities the provisions of national law intended to contribute to ensuring such compliance, the Kingdom of Spain has failed to fulfil its obligations under that directive; |
2. |
| Orders the Kingdom of Spain to pay the costs. |