CELEX: 62004CJ0501
Failure of a Member State to fulfil obligations
Direct insurance other than life assurance and direct life assurance
Directives 92/49/EEC and 2002/83/EC
Portfolio transfer system
Right to cancel
Admissibility

Failure to fulfil obligations – Failure to fulfil obligations under Article 12(6) of Council Directive 92/49/EEC of 18 June
1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance
and amending Directives 73/239/EEC and 88/357/EEC (third non-life assurance directive) (OJ 1992 L 228, p. 1) and Article 14(5)
of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (OJ 2002
L 345, p. 1) – National legislation discriminating against insurers from other Member States.
Operative part
The Court:

Dismisses the action.

Orders the Commission of the European Communities to pay the costs.