Judgment — ECLI:EU:C:2009:72
Date: 2009-02-10
Language of the case: French
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Citizenship of the Union;Right of entry and residence;Right of establishment;Freedom to provide services
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Judgment of the Court (Eighth Chamber) of 10 February 2009 – Commission v France (Case C‑224/08) Failure of a Member State to fulfil obligations – Directive 2006/100/EC – 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 or notify, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141). 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 Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the French Republic has failed to comply with its obligations under Article 2 of that directive; 2. Orders the French Republic to pay the costs.