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 Kingdom of Belgium (Judgment of the Court (Eighth Chamber)) [2009] EUECJ C-469/08 (9 July 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C46908.html
Cite as: [2009] EUECJ C-469/8, ECLI:EU:C:2009:445, [2009] EUECJ C-469/08, EU:C:2009:445

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Judgment of the Court (Eighth Chamber) of 9 July 2009 – Commission v Belgium

(Case C‑469/08)

Failure of a Member State to fulfil obligations – Directive 2005/36/EC ­ – Recognition of professional qualifications – 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 adopt within the prescribed period all 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).

Operative part

The Court:

1.

Declares that, by not adopting, within the prescribed period, all 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 Kingdom of Belgium has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Belgium to pay the costs.

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