Official Journal of the European Union

C 141/33

Action brought on 21 April 2009 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-141/09)

2009/C 141/59

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 all the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, (1) and in particular Articles 1 to 4, 5 to 8, 9(2), 13 and 16 thereof, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 19 of that directive;

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of Directive 2005/56/EC expired on 14 December 2007. At the time the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, in any event, had not notified those measures to the Commission.

(1)  OJ 2005 L 310, p. 1.