CELEX: 62010CJ0041
Failure of a Member State to fulfil obligations
Direct insurance other than life assurance
Directives 73/239/EEC and 92/49/EEC
Mutual societies active in the supplementary sickness insurance market
Incorrect or incomplete transposition

Failure of a Member State to fulfil obligations – Incorrect and incomplete transposition of Articles 6, 8, 15, 16 and 17 of
Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating
to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3) and of Articles
20, 21 and 22 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 insurance
Directive) (OJ 1992 L 228, p. 1).
Operative part
The Court:
1.
Declares that, by its incorrect and incomplete transposition of First Council Directive 73/239/EEC of 24 July 1973 on the
coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct
insurance other than life assurance, as amended by Directive 2002/13/EC of the European Parliament and of the Council of 5
March 2002, and 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 insurance
Directive), the Kingdom of Belgium has failed to fulfil its obligations under, in particular, Articles 6, 8, 15, 16 and 17
of Directive 73/129, as amended by Directive 2002/13, and Articles 20, 21 and 22 of Directive 92/49;
2.
Orders the Kingdom of Belgium to pay the costs.