Judgment of the Court (Seventh Chamber) of 4 June 2009.#Commission of the European Communities v Kingdom of Sweden.#Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period.#Case C-555/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures 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 (OJ 2005 L 310, p. 1) – Financial institutions which require authorisation by a public body, in particular banks and insurance companies.

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, 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, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Sweden to pay the costs.