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Case C-635/11: Judgment of the Court (Eighth Chamber) of 20 June 2013 — European Commission v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Article 16(2)(a) and (b) — Company resulting from a cross-border merger — Employees employed in the Member State where the company has its registered office or in other Member States — Participation rights — Failure to provide identical rights)
ECLI:EU:UNKNOWN:62011CA0635
62011CA0635
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Official Journal of the European Union
C 225/17
(Case C-635/11)
(Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Article 16(2)(a) and (b) - Company resulting from a cross-border merger - Employees employed in the Member State where the company has its registered office or in other Member States - Participation rights - Failure to provide identical rights)
2013/C 225/28
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: J. Enegren and M. van Beek, acting as Agents)
Defendant: Kingdom of the Netherlands (represented by: C. Schillemans and C. Wissels, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, the measures necessary to comply with Article 16(2)(b) of 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) — Employee participation
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to ensure that the employees of establishments of a company resulting from a cross-border merger which has its registered office in the Netherlands, situated in other Member States enjoy participation rights identical to those enjoyed by the employees employed in the Netherlands, the Kingdom of the Netherlands has failed to fulfil its obligations under point (b) of Article 16(2) of Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies.
2.Orders the Kingdom of the Netherlands to pay the costs.
(1) OJ C 58, 25.2.2012.