Judgment of the Court (Sixth Chamber) of 23 September 2010 – Commission v Greece
(Case C‑24/10)
Failure of a Member State to fulfil its obligations – Directive 2006/46/EC – Company law – Annual accounts and consolidated accounts of companies – 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. 258 TFEU) (see para. 9)
2.Member States – Obligations – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 258 TFEU) (see paras 10-13, operative part)
Re:
| Failure of a Member State to fulfil its obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (OJ 2006 L224, p.1). |
Operative part
The Court:
1. |
| Declares that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings, the Hellenic Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the Hellenic Republic to pay the costs. |