Consequences of the ruling of the CJEU of May 15, 2003 Commission / Spain in the spanish Legal System

Concept of contracting authority, separable acts in the contracts of public trading companies and contractual judicial protection. The new TRLCAP regulation introduced by Law 62/2003. of December 30 of fiscal, administrative and social order measures

Abstract

The European Court of Justice in its Judgment of May 15, 2003 (C-214/2000), related to an "appeal for breach of Community Law" directed by the Commission against Spain (Article 226, consolidated EC Treaty), has condemned the spanish state for an incorrect transposition of Directive 89/665 into Spanish domestic law, despite the fact that the Statement of Motives of the Law 13/1995, of May 18, on Contracts of Public Administrations, despite that the directive was already transposed to the Spanish legal system.