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 (Sixth Chamber)) [2009] EUECJ C-575/08 (1 October 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C57508.html
Cite as: ECLI:EU:C:2009:606, EU:C:2009:606, [2009] EUECJ C-575/08, [2009] EUECJ C-575/8

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Judgment of the Court (Sixth Chamber) of 1 October 2009 – Commission v Belgium

(Case C‑575/08)

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. 8)

Re:

Failure of a Member State to fulfil obligations – Failure to take or communicate, within the prescribed period, 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).

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 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, 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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