Judgment of the Court (Seventh Chamber) of 1 October 2009 – Commission v Czech Republic
(Case C-100/09)
Failure of a Member State to fulfil obligations – Directive 2007/14/EC – Detailed rules for the implementation of certain provisions of Directive 2004/109/EC – Failure to transpose within the prescribed period
1.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. 8)
2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 9)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Commission Directive 2007/14/EC of 8March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (OJ 2007 L69, p.27). |
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 2007/14/EC of 8March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, the Czech Republic has failed to fulfil its obligations under Article 24 of that directive; |
2. |
| Orders the Czech Republic to pay the costs. |