Judgment — ECLI:EU:C:2009:353
Date: 2009-06-04
Language of the case: Swedish
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of capital
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Sweden

Judgment of the Court (Seventh Chamber) of 4 June 2009 - Commission of the European Communities v Kingdom of Sweden (Case C-555/08) 1 (Failure by a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period) Language of the case: Swedish Parties Applicant: Commission of the European Communities (represented by: P. Dejmek and K. Nyberg, Agents) Defendant: Kingdom of Sweden (represented by: A. Falk and A. Engman, Agents) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, all the measures necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1) - Financial institutions which require authorisation by a public body, in particular banks and insurance companies 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 Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive; 2. Orders the Kingdom of Sweden to pay the costs. ____________ 1 - OJ C 32, 7.2.2009.