Judgment — ECLI:EU:C:2009:602
Date: 2009-10-01
Language of the case: French
Court formation: Sixth 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: France

Judgment of the Court (Sixth Chamber) of 1 October 2009 - Commission of the European Communities v French Republic (Case C-468/08) 1 (Failure of a Member State to fulfil obligations - Recognition of professional qualifications - Directive 2005/36/EC - Failure to transpose) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: H. Støvlbæk and V. Peere, acting as Agents) Defendant: French Republic (represented by: G. de Bergues and B. Messmer, acting as Agents) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, all 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) or to inform thereof Operative part of the judgment The Court: 1. Declares that, by failing to adopt 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 French Republic has failed to fulfil its obligations under Article 63 of that directive; 2. orders the French Republic to pay the costs. ____________ 1 - OJ C 6, 10.01.2009.