Language of document :

Judgment of the Court (Grand Chamber) of 12 September 2006 - Kingdom of Spain v United Kingdom of Great Britain and Northern Ireland

(Case C-145/04) 1

(European Parliament - Elections - Right to vote - Commonwealth citizens residing in Gibraltar and not having citizenship of the Union)

Language of the case: English

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad and F. Díez Moreno, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: R. Caudwell, P. Goldsmith, D. Wyatt and D. Anderson QC, Agents, and M. Chamberlain, Barrister)

Intervener in support of the defendant: Commission of the European Communities (represented by: C. Ladenburger, Agent)

Re:

Failure of a Member State to fulfil its obligations - Infringement of Articles 189 EC, 190 EC, 17 EC and 19 EC and of the 1976 Act concerning the Election of the Representatives of the European Parliament by Direct Universal Suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 - Right of Commonwealth citizens resident in Gibraltar to vote in European elections

Operative part of the judgment

The Court:

Dismisses the action;

Orders the Kingdom of Spain to pay the costs;

Orders the Commission of the European Communities to bear its own costs.

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1 - OJ C 106, 30.04.2004.