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Case C-555/08: Judgment of the Court (Seventh Chamber) of 4 June 2009 — Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)
ECLI:EU:UNKNOWN:62008CA0555
62008CA0555
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Valentina R., lawyer
1.8.2009
Official Journal of the European Union
C 180/24
(Case C-555/08)
(Failure by 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 180/40
Language of the case: Swedish
Parties
Applicant: Commission of the European Communities (represented by: P. Dejmek and K. Nyberg, Agents)
Defendant: Kingdom of Sweden (represented by: A. Falk and A. Engman, Agents)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all 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) — Financial institutions which require authorisation by a public body, in particular banks and insurance companies
Operative part of the judgment
The Court:
1.Declares that, by not adopting, 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, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Sweden to pay the costs.
(<span class="super">1</span>) OJ C 32, 7.2.2009.