CELEX: 62008CJ0575
Language: en
Date: 2009-10-01 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 1 October 2009. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period. # Case C-575/08.

Judgment of the Court (Sixth Chamber) of 1 October 2009 – Commission v Belgium
      (Case C‑575/08)
      Failure of a Member State to fulfil obligations – Directive 2005/56/EC – Cross-border mergers of limited liability companies – Failure to transpose within the prescribed period
      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. 8)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to take or communicate, within the prescribed period, 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).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, all 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, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Belgium to pay the costs.