Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Czech Republic (Judgment of the Court (Seventh Chamber)) [2009] EUECJ C-100/09 (1 October 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C10009.html
Cite as: [2009] EUECJ C-100/09, EU:C:2009:607, ECLI:EU:C:2009:607, [2009] EUECJ C-100/9

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Judgment of the Court (Seventh Chamber) of 1 October 2009 – Commission v Czech Republic

(Case C-100/09)

Failure of a Member State to fulfil obligations – Directive 2007/14/EC – Detailed rules for the implementation of certain provisions of Directive 2004/109/EC – Failure to transpose within the prescribed period

1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 9)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (OJ 2007 L 69, p. 27).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, the Czech Republic has failed to fulfil its obligations under Article 24 of that directive;

2.

Orders the Czech Republic to pay the costs.

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