CELEX: 62008CA0493
Language: en
Date: 2009-04-23 00:00:00
Title: Case C-493/08: Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Hellenic Republic (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)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/20
            
         Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Hellenic Republic
   (Case C-493/08) (1)
   
   (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)
   2009/C 141/33
   Language of the case: Greek
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: I. Dimitriou and P. Dejmek, acting as Agents)
   
      Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, 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 of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, 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 Hellenic Republic has failed to fulfil its obligations under the first paragraph of Article 19 of that directive;
            
         
               2.
            
            
               Orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 6, 10.01.2009.