CELEX: 62009CJ0100
Language: en
Date: 2009-10-01
Title: Judgment of the Court (Seventh Chamber) of 1 October 2009. # Commission of the European Communities v Czech Republic. # Failure of a Member State to fulfil obligations - Directive 2007/14/EC - Detailed rules for the implementation of certain provisions of Directive 2004/109/EC - Failure to transpose within the prescribed period. # Case C-100/09.

Judgment of the Court (Seventh Chamber) of 1 October 2009 – Commission v Czech Republic
      (Case C-100/09)
      Failure of a Member State to fulfil obligations – Directive 2007/14/EC – Detailed rules for the implementation of certain provisions of Directive 2004/109/EC – Failure to transpose within the prescribed period
      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. 226 EC) (see para. 8)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 9)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary
                  to comply with Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain
                  provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers
                  whose securities are admitted to trading on a regulated market (OJ 2007 L 69, p. 27).
               
            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 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation
                     of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information
                     about issuers whose securities are admitted to trading on a regulated market, the Czech Republic has failed to fulfil its
                     obligations under Article 24 of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Czech Republic to pay the costs.