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Case C-575/08: Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium (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:62008CA0575
62008CA0575
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21.11.2009
Official Journal of the European Union
C 282/15
(Case C-575/08)
(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 282/27
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: V. Peere and P. Dejmek, acting as Agents)
Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to take or communicate, 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, all 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 Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.orders the Kingdom of Belgium to pay the costs.
(<span class="super">1</span>) OJ C 44, 21.02.2009.