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 (Fifth Chamber)) [2009] EUECJ C-427/08 (4 June 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C42708.html
Cite as: [2009] EUECJ C-427/08, EU:C:2009:352, ECLI:EU:C:2009:352, [2009] EUECJ C-427/8

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Judgment of the Court (Fifth Chamber) of 4 June 2009 – Commission v Greece

(Case C‑427/08)

Failure of a Member State to fulfil obligations – Directive 2006/100/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. 9)

2.                     Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania – Failure to transpose within the prescribed period – Not permissible (Art. 226 EC; Council Directive 2006/100, Art. 2) (see paras 10-11, operative part)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Hellenic Republic has failed to fulfil its obligations under Article 2 of that directive;

2.

Orders the Hellenic Republic to pay the costs.

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