CELEX: 62010CJ0024
Language: en
Date: 2010-09-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 23 September 2010. # European Commission v Hellenic Republic. # Failure of a Member State to fulfil its obligations - Directive 2006/46/EC - Company law- Annual accounts and consolidated accounts of companies - Failure to transpose within the prescribed period. # Case C-24/10.

Judgment of the Court (Sixth Chamber) of 23 September 2010 – Commission v Greece
      (Case C‑24/10)
      Failure of a Member State to fulfil its obligations – Directive 2006/46/EC – Company law – Annual accounts and consolidated accounts of companies – 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. 258 TFEU) (see para. 9)
      2.                     Member States – Obligations – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art.
            258 TFEU) (see paras 10-13, operative part)
      Re:
      
         
               Failure of a Member State to fulfil its obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives
                  78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual
                  accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated
                  accounts of insurance undertakings (OJ 2006 L 224, p. 1).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary
                     to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives
                     78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual
                     accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated
                     accounts of insurance undertakings, the Hellenic Republic has failed to fulfil its obligations under that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.