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Case C-330/09: Judgment of the Court (Seventh Chamber) of 25 February 2010 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2006/43/EC — Company law — Statutory audits of annual accounts and consolidated accounts — Failure to transpose within the prescribed period)

ECLI:EU:UNKNOWN:62009CA0330

62009CA0330

February 25, 2010
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17.4.2010

Official Journal of the European Union

C 100/10

(Case C-330/09)(Failure of a Member State to fulfil obligations - Directive 2006/43/EC - Company law - Statutory audits of annual accounts and consolidated accounts - Failure to transpose within the prescribed period)

2010/C 100/14

Language of the case: German

Parties

Applicant: European Commission (represented by: G. Braun 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 or notify, within the prescribed period, the provisions necessary to comply with 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 (OJ L 157, p. 87)

Operative part of the judgment

The Court:

1.Declares that, by failing 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, the Republic of Austria has failed to fulfil its obligations under that directive;

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

Language of the case: German.

* * *

(<span class="super">1</span>) OJ C 233, 26.9.2009.

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