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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v French Republic (Judgment of the Court (Sixth Chamber)) [2009] EUECJ C-468/08 (1 October 2009) URL: http://www.bailii.org/eu/cases/EUECJ/2009/C46808.html Cite as: [2009] EUECJ C-468/8, EU:C:2009:602, [2009] EUECJ C-468/08, ECLI:EU:C:2009:602

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Judgment of the Court (Sixth Chamber) of 1 October 2009 – Commission v France

(Case C‑468/08)

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

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. 5)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, all the 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 (OJ 2005 L 255, p. 22).

Operative part

The Court:

1.

Declares that, by failing to adopt 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 French Republic has failed to fulfil its obligations under Article 63 of that directive;

2.

Orders the French Republic to pay the costs.