Judgment of the Court (Sixth Chamber) of 17 December 2009 – Commission v Germany
(Case C-505/08)
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – 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. 10)
2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible (Art. 226 EC) (see para. 12)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the specified time‑limit, the necessary provisions 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 and communicate to the European Commission all the laws, regulations or administrative provisions necessary to transpose Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Federal Republic of Germany has failed to fulfil its obligations under that Directive; |
2. |
| Orders the Federal Republic of Germany to pay the costs. |