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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. # Case C-465/08.
ECLI:EU:C:2009:424
62008CJ0465
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(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
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. 11)
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
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, the Hellenic Republic has failed to fulfil its obligations under that directive;
2.Orders the Hellenic Republic to pay the costs.