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Document 62008CJ0567

    Judgment of the Court (Seventh Chamber) of 2 July 2009.
    Commission of the European Communities v Grand Duchy of Luxemburg.
    Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the prescribed period.
    Case C-567/08.

    Thuarascálacha na Cúirte Eorpaí 2009 I-00117*

    ECLI identifier: ECLI:EU:C:2009:425





    Judgment of the Court (Seventh Chamber) of 2 July 2009 – Commission v Luxembourg

    (Case C‑567/08)

    Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – 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. 9)

    Re:

    Failure of a Member State to fulfil obligations – Failure to adopt or notify, within the prescribed period, all the measures necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22).

    Operative part

    The Court:

    1.

    Declares that, by not adopting within the prescribed period all the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

    2.

    Orders the Grand Duchy of Luxembourg to pay the costs.

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