24.1.2009   

EN

Official Journal of the European Union

C 19/21


Action brought on 2 December 2008 — Commission of the European Communities v Portuguese Republic

(Case C-531/08)

(2009/C 19/39)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by P. Guerra e Andrade and P. Demjek, Agents)

Defendant: Portuguese Republic

Form of order sought

a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC (1) of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies or, in any case, by failing to communicate such provisions to the Commission, the Portuguese Republic has failed to fulfil its obligations under that directive;

an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition of the Directive expired on 15 December 2007.


(1)  OJ 2005 L 310, p. 1.