CELEX: 62010CJ0390
Language: en
Date: 2011-04-14 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 14 April 2011. # European Commission v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2007/36/EC - Exercise of certain rights of shareholders in listed companies - Failure to transpose within the period prescribed. # Case C-390/10.

Judgment of the Court (Eighth Chamber) of 14 April 2011 – Commission v Luxembourg
      (Case C-390/10)
      Failure of a Member State to fulfil obligations – Directive 2007/36/EC – Exercise of certain rights of shareholders in listed companies – Failure to transpose within the period prescribed
      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 TFUE; European Parliament and Council Directive
         2007/36) (see paras 11-14)
      
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to take or communicate, within the prescribed period, the measures
                  necessary to comply with Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise
                  of certain rights of shareholders in listed companies (OJ L 184, p. 17).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain
                     rights of shareholders in listed companies, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that
                     directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Grand Duchy of Luxembourg to pay the costs.