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Judgment of the Court (Eighth Chamber) of 19 March 2009. # Commission of the European Communities v Republic of Poland. # Failure of a Member State to fulfil obligations - Directive 2006/73/EC - Failure to transpose within the prescribed period. # Case C-143/08.
ECLI:EU:C:2009:174
62008CJ0143
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(Case C‑143/08)
Failure of a Member State to fulfil obligations – Directive 2006/73/EC – Failure to transpose 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. 9)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to give effect to 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
The Court:
1.Declares that, by failing to adopt, within the prescribed period, all the 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 Republic of Poland has failed to fulfil its obligations under that directive.
2.Orders the Republic of Poland to pay the costs.