Judgment — ECLI:EU:C:2009:424
Date: 2009-07-02
Language of the case: Greek
Court formation: Eighth 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: Greece

Judgment of the Court (Eighth Chamber) of 2 July 2009 – Commission v Greece (Case C‑465/08) Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Right of establishment – Recognition of professional qualifications – Failure to adopt within the prescribed period Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 11) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures 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), which repeals Directive 89/49/EEC (OJ 1989 L 19, p. 16). Operative part The Court: 1. Declares that, by not adopting 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 Hellenic Republic has failed to fulfil its obligations under that directive; 2. Orders the Hellenic Republic to pay the costs.