Judgment of the Court (Seventh Chamber) of 16 December 2010.#European Commission v Kingdom of the Netherlands.#Failure of a Member State to fulfil obligations - Directive 2007/44/EC - Prudential assessment of acquisitions and increase of holdings in the financial sector - Procedural rules and evaluation criteria.#Case C-233/10.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector (OJ 2007 L 247, p. 1).

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;

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