Judgment — ECLI:EU:C:2007:431
Date: 2007-07-18
Language of the case: Spanish
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Concepts: General;The various activities;The various services
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Spain

Judgment of the Court (Third Chamber) of 18 July 2007 – Commission v Spain (Case C‑501/04) 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 1. Actions for failure to fulfil obligations – Application initiating proceedings – Statement of subject-matter and pleas in law – Formal requirements (Art. 226 EC; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see para. 23) 2. Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the pre-litigation procedure (Art. 226 EC) (see paras 24-25) 3. Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Direct insurance other than life assurance and direct life assurance – Directives 92/49 and 2002/83 (European Parliament and Council Directive 2002/83, Art. 14(5); Council Directive 92/49, Art. 12(6)) (see paras 40-42) Re: 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: 1. Dismisses the action. 2. Orders the Commission of the European Communities to pay the costs.