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Case C-143/08: 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 period prescribed)
ECLI:EU:UNKNOWN:62008CA0143
62008CA0143
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Valentina R., lawyer
16.5.2009
Official Journal of the European Union
C 113/11
(Case C-143/08)
(Failure of a Member State to fulfil obligations - Directive 2006/73/EC - Failure to transpose within the period prescribed)
2009/C 113/20
Language of the case: Polish
Parties
Applicant: Commission of the European Communities (represented by: P. Dejmek and M. Kaduczak, acting as Agents)
Defendant: Republic of Poland (represented by: M. Dowgielewicz, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, 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 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 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.
(<span class="super">1</span>) OJ C 142, 7.6.2008.