JUDGMENT OF THE COURT (Sixth Chamber)

19 May 2009 ( )

(Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Money laundering and terrorist financing – Failure to transpose within the period prescribed)

In Case C‑532/08,

ACTION under Article 226 EC for failure to fulfil obligations, brought on 2 December 2008,

Commission of the European Communities, represented by P. Dejmek and A.‑A. Gilly, acting as Agents, with an address for service in Luxembourg,

applicant,

v

Ireland, represented by D. O’Hagan, acting as Agent, with an address for service in Luxembourg,

defendant,

THE COURT (Sixth Chamber),

composed of J.‑C. Bonichot, President of the Chamber, K. Schiemann (Rapporteur) and P. Kūris, Judges,

Advocate General: M. Poiares Maduro,

Registrar: R. Grass,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1 By its application, the Commission of the European Communities requests the Court to declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, p. 15, ‘the directive’), or, in any event, by failing to notify those provisions to the Commission, Ireland has failed to fulfil its obligations under that directive.

2 The first subparagraph of Article 45(1) of the directive provides, in particular, that the Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with the directive by 15 December 2007 and to communicate forthwith to the Commission the text of those provisions.

3 Having received no information from Ireland as to the measures adopted by it in order to comply with the directive, on 28 January 2008 the Commission sent a letter of formal notice to that Member State inviting it, in accordance with Article 226 EC, to submit its observations.

4 In their reply of 19 March 2008, the Irish authorities indicated to the Commission that approval had been given for the drafting of a bill, which would be subject to public consultation. It was anticipated that the legislation transposing the directive would be published in the summer of 2008.

5 On 6 June 2008, the Commission issued a reasoned opinion inviting Ireland to take the measures necessary to comply with its obligations under the directive within two months of the notification of the opinion.

6 By letter of 29 July 2008, the Irish authorities informed the Commission that, following the public consultation referred to above, detailed drafting of the transposing legislation was underway.

7 In those circumstances, the Commission decided to bring the present action.

8 Ireland does not contest the alleged infringement. However, it states that the legislation to implement the directive should be enacted by 31 July 2009.

9 In that connection, it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion, and that the Court cannot take account of any subsequent changes.

10 In the present case, it is not in dispute that, on the date of expiry of the period laid down in the reasoned opinion, Ireland had not adopted the measures necessary in order to transpose the directive.

11 In those circumstances, the action must be upheld, and it must be held that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with the directive, Ireland has failed to fulfil its obligations under that directive.

Costs

12 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the Commission has applied for costs and Ireland has been unsuccessful, Ireland must be ordered to pay the costs.

On those grounds, the Court (Sixth Chamber) hereby:

1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, Ireland has failed to fulfil its obligations under that directive;

2. Orders Ireland to pay the costs.

[Signatures]