CELEX: 62010CJ0008
Language: en
Date: 2010-07-15 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 15 July 2010. # European Commission v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2006/46/EC - Annual accounts and consolidated accounts of companies - Failure to transpose completely within the prescribed period. # Case C-8/10.

Judgment of the Court (Seventh Chamber) of 15 July 2010 – Commission v Luxembourg
      (Case C-8/10)
      Failure of a Member State to fulfil obligations – Directive 2006/46/EC – Annual accounts and consolidated accounts of companies – Failure to transpose completely within the prescribed period
      1.                     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. 12)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see paras 9-11, 13)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt or to communicate, within the prescribed period, all the
                  measures necessary to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending
                  Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC
                  on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts
                  and consolidated accounts of insurance undertakings (OJ 2006 L 224, p. 1).
               
            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 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives
                     78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual
                     accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated
                     accounts of insurance undertakings, 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.