CELEX: 62008CJ0313
Language: en
Date: 2009-05-19 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 19 May 2009. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Directive 2003/58/EC - Company law - Documents and particulars subject to disclosure - Letters and order forms - Penalties - Failure to transpose within the prescribed period. # Case C-313/08.

Judgment of the Court (Eighth Chamber) of 19 May 2009 – Commission v Italy
      (Case C‑313/08)
      Failure of a Member State to fulfil obligations – Directive 2003/58/EC – Company law – Documents and particulars subject to disclosure – Letters and order forms – Penalties – 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. 12)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary
                  to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July
                  2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ
                  2003 L 221, p. 13).
               
            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 Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of
                     15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies,
                     the Italian Republic has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Italian Republic to pay the costs.