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Case C-477/08: Judgment of the Court (Seventh Chamber) of 24 September 2009 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2005/36/EC — Recognition of professional qualifications — Failure to transpose within the period prescribed)

ECLI:EU:UNKNOWN:62008CA0477

62008CA0477

January 1, 2008
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Official Journal of the European Union

(Case C-477/08) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the period prescribed)

2009/C 282/23

Language of the case: German

Parties

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

Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, 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 of the judgment

The Court:

1.declares that, by failing to adopt, within the prescribed period, 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 Republic of Austria has failed to fulfil its obligations under Article 63 of that directive;

2.orders the Republic of Austria to pay the costs.

(<span class="super">1</span>) OJ C 69, 21.3.2009.

* * *

ECLI:EU:C:2009:282

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