123In the present case, that period expired on 18 December 2006. On that date Directive 89/48 was still in force, since Directive 2005/36 did not repeal Directive 89/48 until 20 October 2007. Consequently, an action based on a failure to transpose Directive 89/48 is not devoid of purpose (see, by analogy, the judgment of 11 June 2009 in Case C-327/08 Commission v France, paragraph 23).
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