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Document 62008CJ0493

Judgment of the Court (Eighth Chamber) of 23 April 2009.
Commission of the European Communities v Hellenic Republic.
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.
Case C-493/08.

European Court Reports 2009 I-00064*

ECLI identifier: ECLI:EU:C:2009:266





Judgment of the Court (Eighth Chamber) of 23 April 2009 – Commission v Greece

(Case C-493/08)

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

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)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, 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

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, 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 Hellenic Republic has failed to fulfil its obligations under the first paragraph of Article 19 of that directive;

2.

Orders the Hellenic Republic to pay the costs.

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