Judgment — ECLI:EU:C:2009:683
Date: 2009-10-29
Language of the case: Polish
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Poland

Judgment of the Court (Seventh Chamber) of 29 October 2009 - Commission of the European Communities v Republic of Poland (Case C-551/08) 1 (Failure of a Member State to fulfil obligations - Directive 2005/68/EC -Self-employed activity of reinsurance - Taking up and pursuit - National provisions prior to the directive - Failure to communicate or failure to transpose within the prescribed period) Language of the case: Polish Parties Applicant: Commission of the European Communities (represented by N. Yerrell and M. Kaduczak, acting as Agents) Defendant: Republic of Poland (represented by M. Dowgielewicz, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt within the prescribed period all the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p.1) Operative part of the judgment The Court: 1. Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, and by failing to communicate to the Commission of the European Communities the text of the national provisions adopted in the field covered by that directive, the Republic of Poland has failed to fulfil its obligations under that directive, in particular Article 64; 2. Orders the Republic of Poland to pay the costs. ____________ 1 - OJ C 55 of 7.3.2009.