CELEX: 62011CJ0185
Failure of a Member State to fulfil obligations
Direct insurance other than life assurance
Directives 73/239/EEC and 92/49/EEC
Incorrect and incomplete transposition

Failure of a Member State to fulfil obligations — Infringement of Articles 56 and 63 of the Treaty on the functioning of the
European Union — Infringement of Article 8(3) 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 (OJ 1973 L 228, p. 3) and of Articles 29 and 39 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 transposing into national law incorrectly and incompletely 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 2005/68/EC of the European Parliament and the Council
of 16 November 2005, 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), as amended by Directive 2005/68, the Republic of Slovenia has failed to fulfil its obligations
under Article 8(3) of Directive 73/239 and Articles 29 and 39 of Directive 92/49;
2.
Dismisses the remainder of the action;
3.
Orders the European Commission and the Republic of Slovenia to bear their own costs.