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Case C-87/08: Judgment of the Court (Seventh Chamber) of 25 September 2008 — Commission of the European Communities v Czech Republic (Failure to fulfil obligations — Directive 2006/73/EC — Measures implementing Directive 2004/39/EC — Organisational requirements and operating conditions for investment firms — Failure to adopt within the prescribed period)
ECLI:EU:UNKNOWN:62008CA0087
62008CA0087
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Official Journal of the European Union
22.11.2008
(Case C-87/08) (<span class="super">1</span>)
(Failure to fulfil obligations - Directive 2006/73/EC - Measures implementing Directive 2004/39/EC - Organisational requirements and operating conditions for investment firms - Failure to adopt within the prescribed period)
(2008/C 301/25)
Language of the case: Czech
Parties
Applicant: Commission of the European Communities (represented by: P. Dejmek, acting as Agent)
Defendant: Czech Republic (represented by: M. Smolek, acting as Agent)
Re:
Failure of a Member State to fulfil its obligations — Failure to transpose Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ 2006 L 241, p. 26).
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt all such laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive, the Czech Republic has failed to fulfil its obligations under Article 53(1) of that directive;
2.Orders the Czech Republic to pay the costs.
* * *
(<span class="super">1</span>) OJ C 92, 12.4.2008.