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Judgment of the Court (Eighth Chamber) of 9 July 2009. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the prescribed period. # Case C-469/08.
ECLI:EU:C:2009:445
62008CJ0469
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(Case C‑469/08)
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – 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 adopt within the prescribed period all the measures 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
The Court:
1.Declares that, by not adopting, 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 Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Belgium to pay the costs.