Judgment — ECLI:EU:C:2010:100
Date: 2010-02-25
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Right of establishment
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Judgment of the Court (Seventh Chamber) of 25 February 2010 - European Commission v Republic of Austria (Case C-330/09) 1 (Failure of a Member State to fulfil obligations - Directive 2006/43/EC - Company law - Statutory audits of annual accounts and consolidated accounts - Failure to transpose within the prescribed period) Language of the case: German Parties Applicant: European Commission (represented by: G. Braun and M. Adam, acting as Agents) Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt or notify, within the prescribed period, the provisions necessary to comply with Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, p. 87) Operative part of the judgment The Court: 1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC, the Republic of Austria has failed to fulfil its obligations under that directive; 2. Orders the Republic of Austria to pay the costs. ____________ 1 - OJ C 233, 26.9.2009.