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-465/08 (2 July 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C46508.html
Cite as: EU:C:2009:424, [2009] EUECJ C-465/8, ECLI:EU:C:2009:424, [2009] EUECJ C-465/08

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Judgment of the Court (Eighth Chamber) of 2 July 2009 – Commission v Greece

(Case C‑465/08)

Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Right of establishment – Recognition of professional qualifications – Failure to adopt 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. 11)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22), which repeals Directive 89/49/EEC (OJ 1989 L 19, p. 16).

Operative part

The Court:

1.

Declares that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Hellenic Republic has failed to fulfil its obligations under that directive;

2.

Orders the Hellenic Republic to pay the costs.

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