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21.11.2009 |
EN |
Official Journal of the European Union |
C 282/13 |
Judgment of the Court (Seventh Chamber) of 24 September 2009 — Commission of the European Communities v Republic of Austria
(Case C-477/08) (1)
(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the period prescribed)
2009/C 282/23
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: H. Støvlbæk and M. Adam, acting as Agents)
Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22)
Operative part of the judgment
The Court:
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1. |
declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Republic of Austria has failed to fulfil its obligations under Article 63 of that directive; |
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2. |
orders the Republic of Austria to pay the costs. |