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 Hellenic Republic (Judgment of the Court (Seventh Chamber)) [2010] EUECJ C-478/09 (24 June 2010)
URL: http://www.bailii.org/eu/cases/EUECJ/2010/C47809.html
Cite as: [2010] EUECJ C-478/9, EU:C:2010:373, ECLI:EU:C:2010:373, [2010] EUECJ C-478/09

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Judgment of the Court (Seventh Chamber) of 24 June 2010 – Commission v Greece

(Case C‑478/09)

Merger or division of public limited liability companies – Requirement of an independent expert’s report – 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 take, within the prescribed period, the measures necessary to comply with Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies.

Operative part

The Court:

1.

Declares that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies or in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive;

2.

Orders the Hellenic Republic to pay the costs.

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