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Case C-330/09: Action brought on 17 August 2009 — Commission of the European Communities v Republic of Austria

ECLI:EU:UNKNOWN:62009CN0330

62009CN0330

January 1, 2009
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26.9.2009

EN

Official Journal of the European Union

C 233/13

(Case C-330/09)

2009/C 233/22

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: G. Braun and M. Adam, acting as Agents)

Defendant: Republic of Austria

Form of order sought

Declare that, by failure to adopt the laws, regulations and administrative provisions necessary to implement Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (1) or by failing to notify the commission thereof, the Republic of Austria has failed to fulfil its obligations under that directive;

order Republic of Austria to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of the directive expired on 29 June 2008. At the time the present action was lodged, the defendant had not yet adopted the necessary measures for the implementation of this directive, or had in any case not notified the Commission thereof.

(1) OJ L 157, p. 87.

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