|
23.9.2010 |
EN |
Official Journal of the European Union |
C 256/8 |
JUDGMENT OF THE COURT
of 1 December 2009
in Case E-7/09
EFTA Surveillance Authority v The Principality of Liechtenstein
(Failure by a Contracting Party to fulfil its obligations — Directive 2005/56/EC of the European Parliament and of the Council on cross-border mergers of limited liability companies)
2010/C 256/08
In Case E-7/09, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by failing to adopt the measures necessary to implement the Act referred to at point 10e of Annex XXII to the EEA Agreement, i.e. Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, as adapted to the EEA Agreement by Protocol 1 thereto, within the time-limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of that Act and Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur), Judges, gave judgment on 1 December 2009, the operative part of which is as follows:
The Court hereby:
|
1. |
Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of the Directive and under Article 7 of the EEA Agreement. |
|
2. |
Orders the Principality of Liechtenstein to bear the costs of the proceedings. |