Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2005/56/EC Cross border mergers of limited liability companies
Sumário
Judgment of the Court (Sixth Chamber) of 1 October 2009.
Commission of the European Communities v Kingdom of Belgium.
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.
Case C-575/08.
Texto da decisão
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. |