CELEX: 62008CA0555
Language: en
Date: 2009-06-04 00:00:00
Title: Case C-555/08: Judgment of the Court (Seventh Chamber) of 4 June 2009 — Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/24
            
         Judgment of the Court (Seventh Chamber) of 4 June 2009 — Commission of the European Communities v Kingdom of Sweden
   (Case C-555/08) (1)
   
   (Failure by a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period)
   2009/C 180/40
   Language of the case: Swedish
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: P. Dejmek and K. Nyberg, Agents)
   
      Defendant: Kingdom of Sweden (represented by: A. Falk and A. Engman, Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the measures necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1) — Financial institutions which require authorisation by a public body, in particular banks and insurance companies
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by not adopting, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Kingdom of Sweden to pay the costs.
            
         
      (1)  OJ C 32, 7.2.2009.