Judgment — ECLI:EU:C:2007:236
Date: 2007-04-19
Language of the case: Spanish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Consumer protection;Approximation of laws;Freedom to provide services
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Sixth Chamber) of 19 April 2007 - Commission of the European Communities v Kingdom of Spain (Case C-141/06) 1 (Failure of a Member State to fulfil obligations - Directive 2002/65/EC - Financial services - Distance marketing - Failure to transpose within the prescribed period) Language of the case: Spanish Parties Applicant: Commission of the European Communities (represented by: A. Aresu and R. Vidal Puig, Agents) Defendant: Kingdom of Spain (represented by: M.A. Sampol Pucurull, Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the period prescribed, as regards financial services other than private insurance, the provisions necessary to comply with Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ 2002 L 271, p. 16) Operative part of the judgment The Court: 1. Declares that, by failing to adopt, as regards financial services other than private insurance, the laws, regulations and administrative provisions necessary to comply with Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, the Kingdom of Spain has failed to fulfil its obligations under that directive; 2. Orders the Kingdom of Spain to pay the costs. ____________ 1 - OJ C 121 of 20.05.2006.