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Document 62008CA0493

    Case C-493/08: 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)

    SL C 141, 20.6.2009, p. 20–20 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    20.6.2009   

    EN

    Official Journal of the European Union

    C 141/20


    Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Hellenic Republic

    (Case C-493/08) (1)

    (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)

    2009/C 141/33

    Language of the case: Greek

    Parties

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

    Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)

    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 of the judgment

    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.


    (1)  OJ C 6, 10.01.2009.


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