Failure of a Member State to fulfil obligations Directive 2005/36/EC Recognition of professional qualifications Failure to transpose
Sumário
Judgment of the Court (Sixth Chamber) of 1 October 2009.
Commission of the European Communities v French Republic.
Failure of a Member State to fulfil obligations - Recognition of professional qualifications - Directive 2005/36/EC - Failure to transpose.
Case C-468/08.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 1 October 2009 – Commission v France
(Case C‑468/08)
Failure of a Member State to fulfil obligations – Recognition of professional qualifications – Directive 2005/36/EC – Failure to transpose
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. 5)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, all 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 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 French Republic has failed to fulfil its obligations under Article 63 of that directive; |
|
2. |
Orders the French Republic to pay the costs. |