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Document 62008CA0575

    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)

    OJ C 282, 21.11.2009, p. 15–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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.


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