CELEX: 62009CJ0478
Language: en
Date: 2010-06-24
Title: Judgment of the Court (Seventh Chamber) of 24 June 2010. # European Commission v Hellenic Republic. # Merger or division of public limited liability companies - Requirement of an independent expert's report - Failure to transpose within the prescribed period. # Case C-478/09.

Judgment of the Court (Seventh Chamber) of 24 June 2010 – Commission v Greece
      (Case C‑478/09)
      Merger or division of public limited liability companies – Requirement of an independent expert’s report – 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 take, within the prescribed period, the measures necessary to
                  comply with Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives
                  78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division
                  of public limited liability companies.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2007/63/EC
                     of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as
                     regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability
                     companies or in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil
                     its obligations under that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.