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Case C-313/08: Judgment of the Court (Eighth Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/58/EC — Company law — Documents and particulars subject to disclosure — Letters and order forms — Penalties — Failure to transpose within the period prescribed)
ECLI:EU:UNKNOWN:62008CA0313
62008CA0313
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4.7.2009
Official Journal of the European Union
C 153/15
(Case C-313/08)
(Failure of a Member State to fulfil obligations - Directive 2003/58/EC - Company law - Documents and particulars subject to disclosure - Letters and order forms - Penalties - Failure to transpose within the period prescribed)
2009/C 153/29
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: E. Vesco and P. Dejmek, acting as Agents)
Defendant: Italian Republic (represented by: I. Bruni, Agent, and G. Fiengo, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive;
2.Orders the Italian Republic to pay the costs.
* * *
(<span class="super">1</span>) OJ C 223, 30.8.2008.