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Judgment of the Court (Sixth Chamber) of 1 October 2009. # Commission of the European Communities v French Republic. # Failure of a Member State to fulfil obligations - Recognition of professional qualifications - Directive 2005/36/EC - Failure to transpose. # Case C-468/08.
ECLI:EU:C:2009:602
62008CJ0468
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(Case C‑468/08)
Failure of a Member State to fulfil obligations – Recognition of professional qualifications – Directive 2005/36/EC – Failure to transpose
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. 5)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, all the 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 (OJ 2005 L 255, p. 22).
Operative part
The Court:
1.Declares that, by failing to adopt all 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 French Republic has failed to fulfil its obligations under Article 63 of that directive;
2.Orders the French Republic to pay the costs.