Judgment of the Court (First Chamber) of 12 September 2002 in Case C-386/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/7/EC)
Date: 2002-11-09
Institutions: Court of Justice
Subjects: Spain, action for failure to fulfil an obligation, approximation of laws, consumer credit, cost of borrowing

9.11.2002

EN

Official Journal of the European Communities

C 274/15

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

(First Chamber)

of 12 September 2002

of 12 September 2002

in Case C-312/01: Commission of the European Communi-
ties v Hellenic Republic (1)

in Case C-386/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil
its obligations —
Directive 98/78/CE — Failure to transpose within the
prescribed time-limit)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/7/EC)

(2002/C 274/24)

(Language of the case: Greek)

(2002/C 274/25)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-312/01, Commission of the European Communities
(Agents: C. Tufvesson and M. Patakia) v Hellenic Republic
(Agent: N. Dafniou): Application for a declaration that, by
failing to adopt or to communicate to the Commission within
the prescribed time-limit, all of the laws, regulations and
administrative provisions necessary to comply with Directive
98/78/EC of the European Parliament and of the Council of
27 October 1998 on the supplementary supervision of
insurance undertakings in an insurance group (OJ 1998 L 330,
p. 1), the Hellenic Republic has failed to fulfil its obligations
under that directive, the Court (First Chamber), composed of:
P. Jann (Rapporteur), President of the Chamber, M. Wathelet
and A. Rosas,
Judges; L. A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 12 September
2002, in which it:

In Case C-386/01, Commission of the European Communities
(Agent: I. Martínez del Peral) v Kingdom of Spain (Agent:
S. Ortiz Vaamonde): Application for a declaration that, by
failing to adopt
the laws, regulations and administrative
provisions necessary to comply with Directive 98/7/EC of the
European Parliament and of the Council of 16 February 1998
amending Directive 87/102/EEC for the approximation of the
laws, regulations and administrative provisions of the Member
States concerning consumer credit (OJ 1998 L 101, p. 17) or,
in any event, by failing to inform the Commission of the
adoption of such provisions, the Kingdom of Spain has failed
to fulfil its obligations under Article 2(1) of that directive, the
Court (First Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, M. Wathelet and A. Rosas, Judges;
S. Alber, Advocate General; R. Grass, Registrar, has given a
judgment on 12 September 2002, in which it:

1. Declares that, by failing to bring into force or to communicate
to the Commission within the prescribed time-limit, all of the
laws, regulations and administrative provisions necessary to
comply with Directive 98/78/EC of the European Parliament
and of the Council of 27 October 1998 on the supplementary
supervision of insurance undertakings in an insurance group,
the Hellenic Republic has failed to fulfil its obligations under
that directive;

1. Declares that, by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
comply with Directive 98/7/EC of the European Parliament
and of the Council of 16 February 1998 amending Directive
87/102/EEC for the approximation of the laws, regulations
and administrative provisions of the Member States concerning
consumer credit, the Kingdom of Spain has failed to fulfil its
obligations under Article 2(1) of that directive.

2. Orders the Hellenic Republic to pay the costs.

2. Orders the Kingdom of Spain to pay the costs.

( 1) OJ C 275 of 29.9.2001.

(1) OJ C 317 of 10.11.2001.