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Case C-465/08: Judgment of the Court (Eighth Chamber) of 2 July 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2005/36/EC — Right of establishment — Recognition of professional qualifications — Failure to adopt within the prescribed period)

ECLI:EU:UNKNOWN:62008CA0465

62008CA0465

January 1, 2008
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29.8.2009

Official Journal of the European Union

C 205/11

(Case C-465/08)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Right of establishment - Recognition of professional qualifications - Failure to adopt within the prescribed period)

2009/C 205/18

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. Karanasou Apostolopoulou and H. Støvbæk, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, 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 2005/36/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), which repeals Directive 89/49/EEC (OJ 1989 L 19, p. 16)

Operative part of the judgment

The Court:

1.Declares that, by not adopting 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, and in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive;

2.Orders the Hellenic Republic to pay the costs.

(<span class="super">1</span>) OJ C 327, 20.12.2008.

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