Failure of a Member State to fulfil obligations Directive 2005/36/EC Recognition of professional qualifications Failure to transpose within the period prescribed
Sumário
Judgment of the Court (Seventh Chamber) of 24 September 2009.
Commission of the European Communities v Republic of Austria.
Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the period prescribed.
Case C-477/08.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 24 September 2009 – Commission v Austria
(Case C-477/08)
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – 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 adopt, within the prescribed period, 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, within the prescribed period, 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 Republic of Austria has failed to fulfil its obligations under Article 63 of that directive; |
|
2. |
Orders the Republic of Austria to pay the costs. |