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 Italian Republic (Judgment of the Court (Eighth Chamber)) [2009] EUECJ C-313/08 (19 May 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C31308.html
Cite as: [2009] EUECJ C-313/08, ECLI:EU:C:2009:323, EU:C:2009:323, [2009] EUECJ C-313/8

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Judgment of the Court (Eighth Chamber) of 19 May 2009 – Commission v Italy

(Case C‑313/08)

Failure of a Member State to fulfil obligations – Directive 2003/58/EC – Company law – Documents and particulars subject to disclosure – Letters and order forms – Penalties – 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. 12)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13).

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 Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive;

2.

Orders the Italian Republic to pay the costs.

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