Case C-501/04: Action brought on 6 December 2004 by the Commission of the European Communities against the Kingdom of Spain
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, freedom to provide services, insurance company, insurance contract, insurance law, right of establishment, termination of a contract

C 19/16

EN

Official Journal of the European Union

22.1.2005

The applicant claims that the Court should:

— declare that, by having failed to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2002/6/EC (1) of the European Parliament and of
the Council of 18 February 2002 on reporting formalities
for ships arriving in and/or departing from ports of the
in any case, by
the Community or,
Member States of
having failed to communicate them to the Commission, the
Italian Republic has failed to fulfil
its obligations under
Article 7 of that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition into national law of
the directive expired on 19 September 2003.

(1) OJ L 67 of 9.3.2002, p. 31.

than life assurance and amending Directives

other
73/239/EEC and 88/357/EEC;

— Article 14(5) of Directive 2002/83/EC (2) of the Euro-
pean Parliament and of the Council of 5 November
2002 concerning life assurance;

— order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

Although Article 12(6) of Directive 92/49 and Article 14(5) of
Directive 2002/83 give the Member States the authority to
grant
the option of cancelling contracts, a Member State
breaches those provisions where, when granting that option, it
discriminates, directly or indirectly, between insurance under-
takings with their head office in the Member State in question
and undertakings of other Member States which are operating
in that Member State under the right of establishment or the
freedom to provide services.

The Spanish legislation is discriminatory because it provides for
different and more favourable treatment for Spanish insurance
undertakings
from other
Member States as regards the option of cancellation and that
difference in treatment is not based on objective differences
between the situations contemplated.

insurance undertakings

than for

Action brought on 6 December 2004 by the Commission
of the European Communities against the Kingdom of
Spain

(1) OJ L 228 of 11.8.1992.
(2) OJ L 345 of 19.12.2002.

The difference in treatment is not justified by considerations
relating to consumer protection.

(Case C-501/04)

(2005/C 19/31)

(Language of the case: Spanish)

Justice of

An action against the Kingdom of Spain was brought before
the Court of
the European Communities on 6
December 2004, by the Commission of the European Commu-
represented by Enrico Traversa, Legal Adviser, and
nities,
Ramón Vidal Puig, of its Legal Service, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— declare that by giving policyholders the option of cancelling
contracts in the event of transfer of its portfolio under the
right of establishment or the freedom to provide services
where the transferor and/or transferee is not an insurance
undertaking with its head office in Spain, but not where the
transfer is between Spanish undertakings, the Kingdom of
Spain has failed to fulfil its obligations under

— Article 12(6) of Council Directive 92/49/EEC (1) of 18
June 1992 on the coordination of laws, regulations and
insurance
administrative provisions relating to direct

Removal from the register of Case C-177/02 (1)

(2005/C 19/32)

(Language of the case: Italian)

By order of 19 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-177/02 (reference for a preliminary
ruling from the Corte Suprema di cassazione): Agenzia per le
in Agricoltura – AGEA v Azienda Agricola Fava
Erogazioni
Allessandro e Delledonne Carla.

(1) OJ C 156 of 29.6.2002.