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) >> European Commission v Federal Republic of Germany (Judgment of the Court (Sixth Chamber)) [2009] EUECJ C-505/08 (17 December 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C50508.html
Cite as: ECLI:EU:C:2009:797, [2009] EUECJ C-505/8, [2009] EUECJ C-505/08, EU:C:2009:797

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Judgment of the Court (Sixth Chamber) of 17 December 2009 – Commission v Germany

(Case C-505/08)

Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – 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. 10)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible (Art. 226 EC) (see para. 12)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the specified time‑limit, the necessary provisions 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 and communicate to the European Commission all the laws, regulations or administrative provisions necessary to transpose Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Federal Republic of Germany has failed to fulfil its obligations under that Directive;

2.

Orders the Federal Republic of Germany to pay the costs.

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