Official Journal of the European Union

C 141/33

Action brought on 27 April 2009 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-149/09)

2009/C 141/60

Language of the case: French


Applicant: Commission of the European Communities (represented by: P. Dejmek and J. Sénéchal, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Council Directive 77/91/EEC as regards the formation of public limited liability companies and the maintenance and alteration of their capital (1), or, as the case may be, by failing to inform the Commission of those provisions, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for the transposition of Directive 2006/68/EC expired on 15 April 2008. However, at the time the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, as the case may be, had not informed the Commission thereof.

(1)  OJ 2006 L 264, p. 32.