CELEX: 62008CA0313
Language: en
Date: 2009-05-19 00:00:00
Title: Case C-313/08: Judgment of the Court (Eighth Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/58/EC — Company law — Documents and particulars subject to disclosure — Letters and order forms — Penalties — Failure to transpose within the period prescribed)

4.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 153/15
            
         Judgment of the Court (Eighth Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic
   (Case C-313/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2003/58/EC - Company law - Documents and particulars subject to disclosure - Letters and order forms - Penalties - Failure to transpose within the period prescribed)
   2009/C 153/29
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: E. Vesco and P. Dejmek, acting as Agents)
   
      Defendant: Italian Republic (represented by: I. Bruni, Agent, and G. Fiengo, avvocato dello Stato)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 223, 30.8.2008.