CELEX: 62009CN0491
Language: en
Date: 2009-11-30 00:00:00
Title: Case C-491/09: Action brought on 30 November 2009 — Commission of the European Communities v Kingdom of Belgium

30.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/43
            
         Action brought on 30 November 2009 — Commission of the European Communities v Kingdom of Belgium
   (Case C-491/09)
   2010/C 24/74
   Language of the case: French
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: J. Sénéchal and S. La Pergola, acting as Agents)
   
      Defendant: Kingdom of Belgium
   
      Form of order sought
   
   
               —
            
            
               Declare that, by failure to adopt the laws, regulations and administrative provisions necessary to implement Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies (1) or in any event by failing to notify the Commission of the adoption of the necessary provisions for fully transposing the directive, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of the directive;
            
         
               —
            
            
               order Kingdom of Belgium to pay the costs.
            
         
      Pleas in law and main arguments
   
   The time-limit for transposing Directive 2007/63/CE expired on 31 December 2008. At the time the present action was lodged, the defendant had not yet adopted the necessary measures for the implementation of this directive, or had in any case not notified the Commission thereof.
   
      (1)  OJ L 300, 17.11.2007, p. 47