Action brought on 4 April 2006 - Commission of the European Communities v Kingdom of Spain
(Case C-177/06)
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: F. Castillo de la Torre, Agent, acting as Agent(s))
Defendant: Kingdom of Spain
Form of order sought
a declaration that, by having failed to adopt within the period prescribed all the measures necessary to comply with Articles 2 and 3 of the Commission's decisions of 20 December 2001 on a State aid scheme implemented by Spain in 1993 for certain newly established firms in Álava, Vizcaya and Guipúzcoa, documents Nos C(2001) 4448 fin,
1 C(2001) 4475 fin
2 and C(2001) 4478 fin,
3 or, in any case, by having failed to communicate such provisions to the Commission, the Kingdom of Spain has failed to fulfil its obligations under those decisions and under the EC Treaty;
an order that the Kingdom of Spain should pay the costs.
Pleas in law and main arguments
The period fixed in Article 4 of the decisions for the Kingdom of Spain to communicate the implementation measures expired on 1 March 2002 without the Commission's having received any communication in that regard.
____________1 - OJ L 77 of 24 March 2003, p. 12 - OJ L 40 of 14 February 2003, p. 113 - OJ L 17 of 22 January 2003, p. 20