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 Hellenic Republic (Judgment of the Court (Eighth Chamber)) [2009] EUECJ C-298/08 (12 March 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C29808.html
Cite as: EU:C:2009:155, [2009] EUECJ C-298/8, ECLI:EU:C:2009:155, [2009] EUECJ C-298/08

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Judgment of the Court (Eighth Chamber) of 12 March 2009 – Commission v Greece

(Case C‑298/08)

Failure of a Member State to fulfil obligations – Directive 2006/22/EC – Approximation of laws – Social legislation relating to road transport activities – Failure to transpose within the prescribed period

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. 7)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35).

Operative part

The Court:

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC, the Hellenic Republic has failed to fulfil its obligations under Directive 2006/22.

2.

Orders the Hellenic Republic to pay the costs.

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