CELEX: 62008CJ0505
Language: en
Date: 2009-12-17 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 17 December 2009. # European Commission v Federal Republic of Germany. # 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-505/08.

Judgment of the Court (Sixth Chamber) of 17 December 2009 – Commission v Germany
      (Case C-505/08)
      Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Failure to transpose 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. 10)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible
            (Art. 226 EC) (see para. 12)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the specified time‑limit, the necessary provisions
                  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 and communicate to the European Commission all the laws, regulations or administrative
                     provisions necessary to transpose Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on
                     the recognition of professional qualifications, the Federal Republic of Germany has failed to fulfil its obligations under
                     that Directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Federal Republic of Germany to pay the costs.