Judgment — ECLI:EU:C:2009:373
Date: 2009-06-11
Language of the case: Swedish
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Sweden

Judgment of the Court (Seventh Chamber) of 11 June 2009 – Commission v Sweden (Case C‑546/08) Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – 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 adopt, within the prescribed period, the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, p. 15). Operative part The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, the Kingdom of Sweden has failed to fulfil its obligations under Article 45(1) of that directive; 2. Orders the Kingdom of Sweden to pay the costs.