Judgment of the Court (Seventh Chamber) of 27 September 2007 – Commission v France

(Case C‑9/07)

Failure of a Member State to fulfil obligations – Directive 2002/74/EC – Protection of employees in the event of the insolvency of their employer – Failure to transpose within the prescribed period

1. Actions for failure to fulfil obligations – Examination of 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. 8)

2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 9)

Re:

Operative part

The Court:

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, the French Republic has failed to fulfil its obligations under that directive.

Orders the French Republic to pay the costs.