# C_2012073EN.01000601.xml

| 10.3.2012 | EN | Official Journal of the European Union | C 73/6 |
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10.3.2012

EN

Official Journal of the European Union

C 73/6

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Judgment of the Court (Eighth Chamber) of 26 January 2012 — European Commission v Republic of Slovenia

(Case C-185/11) (1)

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(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)

2012/C 73/09

Language of the case: Slovenian

Parties

Parties

Applicant: European Commission (represented by: K.-Ph. Wojcik, M. Žebre and N. Yerrell, acting as Agents)

Applicant:

Defendant: Republic of Slovenia (represented by: A. Vran, agent)

Defendant:

Re:

Re:

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 of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that by incorrectly and incompletely transposing into national law 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; |
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1.

Declares that by incorrectly and incompletely transposing into national law 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 action for the remainder; |
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2.

Dismisses the action for the remainder;

| 3. | Orders the European Commission and the Republic of Slovenia each to bear their own costs. |
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3.

Orders the European Commission and the Republic of Slovenia each to bear their own costs.

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(1)  OJ C 269, 10.9.2011.

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