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Document 62008CJ0555

    Judgment of the Court (Seventh Chamber) of 4 June 2009.
    Commission of the European Communities v Kingdom of Sweden.
    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-555/08.

    European Court Reports 2009 I-00099*

    ECLI identifier: ECLI:EU:C:2009:353





    Judgment of the Court (Seventh Chamber) of 4 June 2009 – Commission v Sweden

    (Case C‑555/08)

    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. 10)

    Re:

    Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all 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) – Financial institutions which require authorisation by a public body, in particular banks and insurance companies.

    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, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

    2.

    Orders the Kingdom of Sweden to pay the costs.

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