CELEX: 62008CJ0493
Language: en
Date: 2009-04-23
Title: Judgment of the Court (Eighth Chamber) of 23 April 2009. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period. # Case C-493/08.

Judgment of the Court (Eighth Chamber) of 23 April 2009 – Commission v Greece
      (Case C-493/08)
      Failure of a Member State to fulfil obligations – Directive 2005/56/EC – Cross-border mergers of limited liability companies – 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 measures necessary to
                  comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross‑border mergers
                  of limited liability companies (OJ 2005 L 310, p. 1).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers
                     of limited liability companies, the Hellenic Republic has failed to fulfil its obligations under the first paragraph of Article
                     19 of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.