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Case C-493/08: Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)
ECLI:EU:UNKNOWN:62008CA0493
62008CA0493
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Official Journal of the European Union
C 141/20
(Case C-493/08)
(Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period)
2009/C 141/33
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: I. Dimitriou and P. Dejmek, acting as Agents)
Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the 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 (OJ 2005 L 310, p. 1)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions 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, the Hellenic Republic has failed to fulfil its obligations under the first paragraph of Article 19 of that directive;
2.Orders the Hellenic Republic to pay the costs.
(<span class="super">1</span>) OJ C 6, 10.01.2009.