Judgment of the Court (Eighth Chamber) of 19 May 2009 – Commission v Italy
(Case C‑313/08)
Failure of a Member State to fulfil obligations – Directive 2003/58/EC – Company law – Documents and particulars subject to disclosure – Letters and order forms – Penalties – 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. 12)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13). |
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 Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the Italian Republic to pay the costs. |