Judgment of the Court (Eighth Chamber) of 19 May 2009.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Directive 2003/58/EC - Company law - Documents and particulars subject to disclosure - Letters and order forms - Penalties - Failure to transpose within the prescribed period.#Case C-313/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13).

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive;

2. Orders the Italian Republic to pay the costs.