Source: All England Reporter
Publisher Citation: [2003] All ER (D) 343 (Jun)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Schintgen (President of the Second Chamber, acting as President of the Sixth Chamber), Gulmann, Skouris, Macken (Rapporteur) and Colneric

Judgment Dates: 26 June 2003

Catchwords

European Communities - Community institutions - The Court of Justice - Actions - Failure of member state to fulfil obligations - Failure to adopt decision of Commission - Council Directive (EC) 90/684.

The Case

The European Court of Justice declared Spain in breach of Commission decision (EC) 2000-131 (on state aid implemented by Spain in favour of publicly-owned shipyards). The court stated, inter alia, that Spain's argument that the Commission had initiated the action within an unusually short time after notification of the decision could not justify the failure to implement that decision.

Practice Areas

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