CELEX: 62008CJ0477
Language: en
Date: 2009-09-24
Title: Judgment of the Court (Seventh Chamber) of 24 September 2009. # Commission of the European Communities v Republic of Austria. # Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the period prescribed. # Case C-477/08.

Judgment of the Court (Seventh Chamber) of 24 September 2009 – Commission v Austria
      (Case C-477/08)
      Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – 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 adopt, within the prescribed period, the provisions necessary
                  to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of
                  professional qualifications (OJ 2005 L 255, p. 22).
               
            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 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition
                     of professional qualifications, the Republic of Austria has failed to fulfil its obligations under Article 63 of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Republic of Austria to pay the costs.