CELEX: 62008CJ0465
Language: en
Date: 2009-07-02 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 2 July 2009. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Right of establishment - Recognition of professional qualifications - Failure to adopt within the prescribed period. # Case C-465/08.

Judgment of the Court (Eighth Chamber) of 2 July 2009 – Commission v Greece
      (Case C‑465/08)
      Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Right of establishment – Recognition of professional qualifications – Failure to adopt 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. 11)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures 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), which repeals Directive 89/49/EEC (OJ 1989 L 19, p. 16).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by not adopting 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 Hellenic
                     Republic has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.