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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Czech Republic (Judgment of the Court (Fifth Chamber)) [2008] EUECJ C-41/08 (4 December 2008) URL: http://www.bailii.org/eu/cases/EUECJ/2008/C3608.html Cite as: EU:C:2008:689, [2008] EUECJ C-41/8, ECLI:EU:C:2008:689, [2008] EUECJ C-41/08

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Judgment of the Court (Fifth Chamber) of 4 December 2008 – Commission v Czech Republic

(Case C‑41/08)

Failure of a Member State to fulfil obligations – Directives 86/378/EEC and 96/97/EC – Equal treatment for men and women – Incomplete transposition

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)

Re:

Failure of a Member State to fulfil obligations – Failure to transpose Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ 1986 L 225, p. 40) and Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ 1997 L 46, p. 20).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes and Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378, the Czech Republic has failed to fulfil its obligations under those directives and Article 54 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded;

2.

Orders the Czech Republic to pay the costs.