Judgment — ECLI:EU:C:2009:266
Date: 2009-04-23
Language of the case: Greek
Court formation: Eighth 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: Greece

Judgment of the Court (Eighth Chamber) of 23 April 2009 - Commission of the European Communities v Hellenic Republic (Case C-493/08) 1 (Failure of 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: Greek Parties Applicant: Commission of the European Communities (represented by: I. Dimitriou and P. Dejmek, acting as Agents) Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, 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) Operative part of the judgment The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, the Hellenic Republic has failed to fulfil its obligations under the first paragraph of Article 19 of that directive; 2. Orders the Hellenic Republic to pay the costs. ____________ 1 - OJ C 6, 10.01.2009.