CELEX: 62008CJ0567
Language: en
Date: 2009-07-02
Title: Judgment of the Court (Seventh Chamber) of 2 July 2009. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the prescribed period. # Case C-567/08.

Judgment of the Court (Seventh Chamber) of 2 July 2009 – Commission v Luxembourg
      (Case C‑567/08)
      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. 9)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt or notify, within the prescribed period, all 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).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by not adopting 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Grand Duchy of Luxembourg to pay the costs.