Judgment of the Court (Third Chamber) of 14 January 2010 - European Commission v Czech Republic
(Failure of a Member State to fulfil obligations - Directive 2003/41/EC - Activities and supervision of institutions for occupational retirement provision - Partial failure to transpose within the prescribed time-limit - No institutions for occupational retirement provision located in the national territory - Competence of Member States to organise their own national retirement pension system)
Language of the case: Czech
Parties
Applicant: European Commission (represented by: M. Šimerdová and N. Yerrell, Agents)
Defendant: Czech Republic (represented by: M. Smolek, Agent)
Re:
Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, all the provisions necessary to comply with Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (OJ 2003 L 235, p. 10)
Operative part of the judgment
The Court:
Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Articles 8, 9, 13, 15 to 18 and 20(2) to (4) of Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision, the Czech Republic has failed to fulfil its obligations under Article 22(1) of that directive;
Dismisses the action as to the remainder;
Orders the Czech Republic to pay the costs.
____________1 - OJ C 272, 25.10.2008.