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4.7.

2009 EN Official Journal of the European Union C 153/15

2. Orders the United Kingdom of Great Britain and Northern Ireland Kingdom of Spain has failed to fulfil its obligations under that
to pay the costs. directive.

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


(1 ) OJ C 197, 2.8.2008.

(1) OJ C 209, of 15.8.2008.

Judgment of the Court (Sixth Chamber) of 14 May 2009 —


Commission of the European Communities v Kingdom of Judgment of the Court (Eighth Chamber) of 19 May 2009
Spain — Commission of the European Communities v Italian
(Case C-266/08) (1) Republic

(Failure of a Member State to fulfil obligations — Directive (Case C-313/08) (1)


2004/81/EC — Residence permit issued to third-country (Failure of a Member State to fulfil obligations — Directive
nationals who are victims of trafficking in human beings or 2003/58/EC — Company law — Documents and particulars
who have been the subject of an action to facilitate illegal subject to disclosure — Letters and order forms — Penalties
immigration, who cooperate with the competent authorities — — Failure to transpose within the period prescribed)
Failure to transpose completely — Failure to communicate the
measures to transpose the directive) (2009/C 153/29)

(2009/C 153/28) Language of the case: Italian

Language of the case: Spanish Parties

Parties Applicant: Commission of the European Communities (repre­


sented by: E. Vesco and P. Dejmek, acting as Agents)
Applicant: Commission of the European Communities (repre­
sented by: M. Condou-Durande and E. Adsera Ribera, acting
as Agents, acting as Agents) Defendant: Italian Republic (represented by: I. Bruni, Agent, and
G. Fiengo, avvocato dello Stato)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Re:


acting as Agent)
Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the provisions
necessary to comply with Article 1(4), (5) and (6) of Directive
Re: 2003/58/EC of the European Parliament and of the Council of
Failure of a Member State to fulfil obligations — Failure to 15 July 2003 amending Council Directive 68/151/EEC as
adopt, within the prescribed period, the provisions necessary regards disclosure requirements in respect of certain types of
to comply with Council Directive 2004/81/EC of 29 April companies (OJ 2003 L 221, p. 13)
2004 on the residence permit issued to third-country
nationals who are victims of trafficking in human beings or
Operative part of the judgment
who have been the subject of an action to facilitate illegal
immigration, who cooperate with the competent authorities The Court:
(OJ 2004 L 261, p. 19)

1. Declares that, by failing to adopt, within the period prescribed, all


the laws, regulations and administrative provisions necessary to
Operative part of the judgment comply with Article 1(4), (5) and (6) of Directive 2003/58/EC
The Court: of the European Parliament and of the Council of 15 July 2003
amending Council Directive 68/151/EEC, as regards disclosure
requirements in respect of certain types of companies, the Italian
Republic has failed to fulfil its obligations under that directive;
1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/81/EC of 29 April 2004 on the residence 2. Orders the Italian Republic to pay the costs.
permit issued to third-country nationals who are victims of traf­
ficking 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 (1) OJ C 223, 30.8.2008.
the European Communities, the provisions of national law
intended to contribute to ensuring such compliance, the