Judgment — ECLI:EU:C:2009:578
Date: 2009-09-24
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Judgment of the Court (Seventh Chamber) of 24 September 2009 - Commission of the European Communities v Republic of Austria (Case C-477/08) 1 (Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the period prescribed) Language of the case: German Parties Applicant: Commission of the European Communities (represented by: H. Støvlbæk and M. Adam, acting as Agents) Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the period prescribed, 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 of the judgment 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. ____________ 1 - OJ C 69, 21.3.2009.