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Case C-575/08: Action brought on 22 December 2008 — Commission of the European Communities v Kingdom of Belgium

ECLI:EU:UNKNOWN:62008CN0575

62008CN0575

January 1, 2008
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21.2.2009

EN

Official Journal of the European Union

C 44/39

(Case C-575/08)

(2009/C 44/66)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: V. Peere and P. Dejmek, Agents)

Defendant: Kingdom of Belgium

Form of order sought

declare that in failing to adopt the laws, regulations and administrative 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 (1) the Kingdom of Belgium has failed to fulfil its obligations under that directive;

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The time-limit for the transposition of Directive 2005/56/EC expired on 14 December 2007. At the date of filing of the present action, the defendant had not adopted all the necessary implementing measures or, in any event, had not yet communicated those measures to the Commission.

(1) OJ 2005 L 310, p. 1.

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