CELEX: 62008CA0575
Language: en
Date: 2009-10-01 00:00:00
Title: Case C-575/08: Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/15
            
         Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium
   (Case C-575/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period)
   2009/C 282/27
   Language of the case: French
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: V. Peere and P. Dejmek, acting as Agents)
   
      Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)
   
      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 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 44, 21.02.2009.