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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 Hellenic Republic (Judgment of the Court (Eighth Chamber)) [2009] EUECJ C-493/08 (23 April 2009) URL: http://www.bailii.org/eu/cases/EUECJ/2009/C49308.html Cite as: ECLI:EU:C:2009:266, [2009] EUECJ C-493/08, [2009] EUECJ C-493/8, EU:C:2009:266

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Judgment of the Court (Eighth Chamber) of 23 April 2009 – Commission v Greece

(Case C-493/08)

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

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. 8)

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

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.