Case C-70/08: Judgment of the Court (Sixth Chamber) of 9 October 2008 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2003/72/EC — Statute for a European Cooperative Society — Involvement of employees in the decision-making of the society — Failure to transpose within the prescribed period)
Date: 2008-10-09
Institutions: Court of Justice
Subjects: European Commission, European cooperation, Luxembourg, action for failure to fulfil an obligation, legal status, national implementing measure, worker participation

22.11.2008

EN

Official Journal of the European Union

C 301/13

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 30, 31 and 36 of Council Directive 93/16/EEC of
5 April 1993 to facilitate the free movement of doctors and the
mutual recognition of
their diplomas, certificates and other
evidence of formal qualifications (OJ 1993 L 165, p. 1) —
Specific training required to practise as a general practitioner

Operative part of the judgment

The Court:

1. Declares that, by adopting and maintaining in force rules such as
Article 29(d.1) and (d.2) of Law 3209/2003 which are not in
compliance with Articles 30, 31 and 36 of Council Directive
93/16/EEC of 5 April 1993 to facilitate the free movement of
doctors and the mutual recognition of their diplomas, certificates
and other evidence of formal qualifications, as amended by Directive
2001/19/EC of the European Parliament and of the Council of
14 May 2001, the Hellenic Republic has failed to fulfil its obliga-
tions under Articles 30, 31 and 36 of that directive;

2. Dismisses the action as to the remainder;

3. Orders the Hellenic Republic to pay the costs.

(1) OJ C 92, 12.4.2008.

Operative part of the judgment

The Court:

1. Declares that by failing to adopt the laws, regulations and adminis-
trative provisions necessary to comply with Council Directive
2003/72/EC of 22 July 2003 supplementing the Statute for a
European Cooperative Society with regard to the involvement of
employees, or by not ensuring that management and labour intro-
duce the required provisions by way of agreement, the Grand Duchy
of Luxembourg has
obligations under
to
failed
Article 16(1) of that directive;

fulfil

its

2. Orders the Grand-Duchy of Luxembourg to pay the costs.

(1) OJ C 116, 9.5.2008.

Judgment of the Court (Seventh Chamber) of 25 September
the European Communities v
2008 — Commission of

Czech Republic

(Case C-87/08) (1)

(Failure to fulfil obligations — Directive 2006/73/EC —
Measures implementing Directive 2004/39/EC — Organisa-
tional requirements and operating conditions for investment
firms — Failure to adopt within the prescribed period)

Judgment of the Court (Sixth Chamber) of 9 October 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

Parties

(2008/C 301/25)

Language of the case: Czech

(Case C-70/08) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/72/EC — Statute for a European Cooperative Society —
the
Involvement of employees in the decision-making of

society — Failure to transpose within the prescribed period)

Applicant: Commission of the European Communities (repre-
sented by: P. Dejmek, acting as Agent)

Defendant: Czech Republic (represented by: M. Smolek, acting as
Agent)

(2008/C 301/24)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and J. Enegren, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to
transpose Commission Directive 2006/73/EC of 10 August
the European
2006 implementing Directive 2004/39/EC of
Parliament and of the Council as regards organisational require-
ments and operating conditions for
firms and
defined terms for the purposes of that Directive (OJ 2006 L 241,
p. 26).

investment

Operative part of the judgment

The Court:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt or notify, within the prescribed period, the provisions
necessary to comply with Council Directive 2003/72/EC of
22 July 2003 supplementing the Statute for a European Coop-
erative Society with regard to the involvement of employees
(OJ 2003 L 207, p. 25)

1. Declares that, by failing to adopt all such laws, regulations and
administrative provisions necessary to comply with Commission
Directive 2006/73/EC of 10 August 2006 implementing Direc-
tive 2004/39/EC of the European Parliament and of the Council
as regards organisational requirements and operating conditions for
investment firms and defined terms for the purposes of that Direc-
tive, the Czech Republic has failed to fulfil
its obligations under
Article 53(1) of that directive;