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Judgment of the Court (Eighth Chamber) of 3 September 2009. # Commission of the European Communities v Republic of Estonia. # Failure of a Member State to fulfil obligations - Directive 2005/65/EC - Transport policy - Security of ports - Failure to transpose within the prescribed period. # Case C-464/08.
ECLI:EU:C:2009:515
62008CJ0464
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(Case C‑464/08)
Failure of a Member State to fulfil obligations – Directive 2005/65/EC – Transport policy – Security of ports – 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. 9)
Re:
Failure of a Member State to fulfil obligations – Failure to take within the prescribed period the measures necessary to comply with Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (OJ 2005 L 310, p. 28).
Operative part
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 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security, the Republic of Estonia has failed to fulfil its obligations under that directive;
2.Orders the Republic of Estonia to pay the costs.