CELEX: 62010CJ0233
Language: en
Date: 2010-12-16
Title: Judgment of the Court (Seventh Chamber) of 16 December 2010. # European Commission v Kingdom of the Netherlands. # Failure of a Member State to fulfil obligations - Directive 2007/44/EC - Prudential assessment of acquisitions and increase of holdings in the financial sector - Procedural rules and evaluation criteria. # Case C-233/10.

Judgment of the Court (Seventh Chamber) of 16 December 2010 – Commission v Netherlands
      (Case C‑233/10)
      Failure of a Member State to fulfil obligations – Directive 2007/44/EC – Prudential assessment of acquisitions and increase of holdings in the financial sector – Procedural rules and evaluation criteria
      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. 258 TFEU; European Parliament and Council Directive
            2007/44) (see paras 9-10, 13)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 258 TFEU) (see para. 11)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary
                  to comply with Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive
                  92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria
                  for the prudential assessment of acquisitions and increase of holdings in the financial sector (OJ 2007 L 247, p. 1).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive
                     92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria
                     for the prudential assessment of acquisitions and increase of holdings in the financial sector, the Kingdom of the Netherlands
                     has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of the Netherlands to pay the costs.