Action brought on 30 January 2024 – European Commission v Kingdom of Spain

(Case C-70/24)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: I. Galindo Martín and E. E. Schmidt, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 ¹ or, in any event, by failing to notify them, the Kingdom of Spain has failed to fulfil its obligations under Article 20(1) of the Directive;

order the Kingdom of Spain to pay to the Commission a lump sum equal to the higher of the following sums (i) a daily amount of EUR 9 760 multiplied by the number of days during which the infringement has persisted between the day following the expiry of the period for transposition laid down in Article 20(1) of the Directive and the date on which the Kingdom of Spain brings the infringement to an end, or, failing compliance, the date of delivery of the judgment under Article 260(3) TFEU; or (ii) a minimum lump sum of EUR 6 832 000;

order the Kingdom of Spain to pay the Commission a daily penalty payment of EUR 43 920 from the date of delivery of the judgment in the present case until the Kingdom of Spain complies with its obligation under Article 20(1) of Directive (EU) 2019/1158 to notify the measures transposing that directive, in the event that the infringement referred to in the first indent persists until the date of judgment in the present case;

order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 lays down minimum requirements aimed at achieving equality between men and women as regards labour market opportunities and treatment at work by making it easier for workers who are parents or carers to reconcile work and family life. Pursuant to Article 20(1) of the Directive and subject to Article 20(2) thereof, Member States are required to transpose these rules into national law by 2 August 2022 and to inform the Commission thereof immediately.

The Kingdom of Spain has failed to comply with this obligation; the Commission therefore sent a letter of formal notice to the Kingdom of Spain on 21 September 2022. The Kingdom of Spain replied to this letter of formal notice on 18 November 2022, explaining that the transposition of the Directive would take the form of both a law and a Royal Decree and that, as regards the law, it was awaiting the final steps to be taken by the Government. On 19 April 2023, the Commission sent the Kingdom of Spain a reasoned opinion, to which the Kingdom of Spain replied on 6 June 2023 by letter in which it acknowledged that it had not transposed Directive (EU) 2019/1158 within the period prescribed and indicated that the transposition of the Directive was included in the draft Law on Families adopted by the Council of Ministers on 28 March 2023, the processing of which had lapsed with the dissolution of parliament.

Directive (EU) 2019/1158 was adopted under the ordinary legislative procedure and therefore falls within the scope of Article 260(3) TFEU. The Kingdom of Spain has failed to fulfil its obligation under Article 20(1) of Directive (EU) 2019/1158, subject to Article 20(2) thereof, to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 2 August 2022 at the latest. The conditions for the application of Article 260(3) TFEU are therefore fulfilled.

In this context, the Commission asks the Court of Justice to order the Kingdom of Spain to pay a lump sum and a penalty payment under Article 260(3) TFEU, the amount of which the Commission has calculated on the basis of the Communication on Financial sanctions in infringement proceedings. ¹

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¹ Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ 2019 L 188, p. 79).

¹ OJ 2023 C 2, p. 1.