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 Sweden (Judgment of the Court (Seventh Chamber)) [2009] EUECJ C-555/08 (4 June 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C55508.html
Cite as: EU:C:2009:353, [2009] EUECJ C-555/8, ECLI:EU:C:2009:353, [2009] EUECJ C-555/08

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Judgment of the Court (Seventh Chamber) of 4 June 2009 – Commission v Sweden

(Case C‑555/08)

Failure of a Member State to fulfil obligations – Directive 2005/56/EC – Cross-border mergers of limited liability companies – 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. 10)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1) – Financial institutions which require authorisation by a public body, in particular banks and insurance companies.

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Sweden to pay the costs.

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