CELEX: 62008CJ0427
Language: en
Date: 2009-06-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 4 June 2009. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 2006/100/EC - Failure to transpose within the prescribed period. # Case C-427/08.

Judgment of the Court (Fifth Chamber) of 4 June 2009 – Commission v Greece
      (Case C‑427/08)
      Failure of a Member State to fulfil obligations – Directive 2006/100/EC – Failure to transpose within the prescribed period
      1.                     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. 9)
      2.                     Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania –
            Failure to transpose within the prescribed period – Not permissible (Art. 226 EC; Council Directive 2006/100, Art. 2) (see
            paras 10-11, operative part)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement
                  of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement
                     of persons, by reason of the accession of Bulgaria and Romania, the Hellenic Republic has failed to fulfil its obligations
                     under Article 2 of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.