Judgment of the Court (Eighth Chamber) of 10 February 2009 – Commission v France
(Case C‑224/08)
Failure of a Member State to fulfil obligations – Directive 2006/100/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 or notify, within the prescribed period, the measures necessary to comply with Council Directive2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141). |
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 Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the French Republic has failed to comply with its obligations under Article 2 of that directive; |
2. |
| Orders the French Republic to pay the costs. |