Judgment of the Court of 10 December 2010 in Case E-9/10 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/36/EC on the recognition of professional qualifications)
Date: 2010-12-10
Institutions: EFTA Court
Subjects: EFTA Court, European standard, Liechtenstein, action for failure to fulfil an obligation, national implementing measure








C_2011148EN.01000401.xml










19.5.2011   


EN


Official Journal of the European Union


C 148/4





JUDGMENT OF THE COURT
of 10 December 2010
in Case E-9/10
EFTA Surveillance Authority v The Principality of Liechtenstein
(Failure by a Contracting Party to fulfil its obligations — Directive 2005/36/EC on the recognition of professional qualifications)
(2011/C 148/04)
In Case E-9/10, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by failing, within the time prescribed, to adopt, or to notify the EFTA Surveillance Authority of, the measures necessary to fully implement into its national legislation the Act referred to at point 1 of Annex VII to the EEA Agreement, i.e. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Commission Regulation (EC) No 1430/2007 of 5 December 2007 amending Annexes II and III to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications and by Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under the first paragraph of Article 63 of the Directive and under Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur), Judges, gave judgment on 10 December 2010, the operative part of which is as follows:
The Court hereby:






1.


Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to fully implement the Act referred to at point 1 of Annex VII to the EEA Agreement, i.e. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Commission Regulation (EC) No 1430/2007 of 5 December 2007 amending Annexes II and III to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications and by Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under the first paragraph of Article 63 of the Directive and under Article 7 of the EEA Agreement.










2.


Orders the Principality of Liechtenstein to bear the costs of the proceedings.