Judgment — ECLI:EU:C:2009:352
Date: 2009-06-04
Language of the case: Greek
Court formation: Fifth 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: Greece

Judgment of the Court (Fifth Chamber) of 4 June 2009 - Commission of the European Communities v Hellenic Republic (Case C-42/08) 1 (Failure of a Member State to fulfil obligations - Directive 2006/100/EC - Failure to transpose within the prescribed period) Language of the case: Greek Parties Applicant: Commission of the European Communities (represented by: H. Støvlbæk and I. Chatzigiannis, acting as Agents) Defendant: Hellenic Republic (represented by: M. Michelogiannaki, agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, the 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 (OJ 2006 L 363, p. 141) Operative part of the judgment The Court: 1. declares that, by not adopting, within the prescribed period, 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 Hellenic Republic has failed to fulfil its obligations under Article 2 of that directive; 2. orders the Hellenic Republic to pay the costs. ____________ 1 - OJ C 285, 8.11.2008.