CELEX: 62008CJ0143
Language: en
Date: 2009-03-19
Title: Judgment of the Court (Eighth Chamber) of 19 March 2009. # Commission of the European Communities v Republic of Poland. # Failure of a Member State to fulfil obligations - Directive 2006/73/EC - Failure to transpose within the prescribed period. # Case C-143/08.

Judgment of the Court (Eighth Chamber) of 19 March 2009 – Commission v Poland
      (Case C‑143/08)
      Failure of a Member State to fulfil obligations – Directive 2006/73/EC – 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, within the prescribed period, the provisions necessary
                  to give effect to Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament
                  and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms
                  for the purposes of that directive (OJ 2006 L 241, p. 26).
               
            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 Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European
                     Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined
                     terms for the purposes of that directive, the Republic of Poland has failed to fulfil its obligations under that directive.
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Republic of Poland to pay the costs.