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 Austria (Judgment of the Court (Seventh Chamber)) [2009] EUECJ C-477/08 (24 September 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C47708.html
Cite as: EU:C:2009:578, ECLI:EU:C:2009:578, [2009] EUECJ C-477/8, [2009] EUECJ C-477/08

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Judgment of the Court (Seventh Chamber) of 24 September 2009 – Commission v Austria

(Case C-477/08)

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. 8)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the 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 (OJ 2005 L 255, p. 22).

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 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Republic of Austria has failed to fulfil its obligations under Article 63 of that directive;

2.

Orders the Republic of Austria to pay the costs.

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