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Document 62008CA0313

Case C-313/08: Judgment of the Court (Eighth Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/58/EC — Company law — Documents and particulars subject to disclosure — Letters and order forms — Penalties — Failure to transpose within the period prescribed)

IO C 153, 4.7.2009, 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)

4.7.2009   

EN

Official Journal of the European Union

C 153/15


Judgment of the Court (Eighth Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic

(Case C-313/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/58/EC - Company law - Documents and particulars subject to disclosure - Letters and order forms - Penalties - Failure to transpose within the period prescribed)

2009/C 153/29

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: E. Vesco and P. Dejmek, acting as Agents)

Defendant: Italian Republic (represented by: I. Bruni, Agent, and G. Fiengo, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13)

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive;

2.

Orders the Italian Republic to pay the costs.


(1)  OJ C 223, 30.8.2008.


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