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 Republic of Estonia (Judgment of the Court (Eighth Chamber)) [2009] EUECJ C-464/08 (3 September 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C46408.html
Cite as: [2009] EUECJ C-464/08, EU:C:2009:515, [2009] EUECJ C-464/8, ECLI:EU:C:2009:515

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Judgment of the Court (Eighth Chamber) of 3 September 2009 – Commission v Estonia

(Case C‑464/08)

Failure of a Member State to fulfil obligations – Directive 2005/65/EC – Transport policy – Security of ports – 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. 9)

Re:

Failure of a Member State to fulfil obligations – Failure to take within the prescribed period the measures necessary to comply with Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (OJ 2005 L 310, p. 28).

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 Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security, the Republic of Estonia has failed to fulfil its obligations under that directive;

2.

Orders the Republic of Estonia to pay the costs.

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