Case C-218/06: Judgment of the Court (Eighth Chamber) of 14 December 2006 — Commission of the European Communities v Grand-Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2002/87/EC — Supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate — Failure to implement within the prescribed period)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, conglomerate, credit institution, financial control, financial solvency, insurance company, investment company, national implementing measure

C 331/22

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court (Eighth Chamber) of 14 December
the European Communities v
2006 — Commission of

Judgment of the Court (Seventh Chamber) of 14 December
the European Communities v
2006 — Commission of

Grand-Duchy of Luxembourg

Grand-Duchy of Luxembourg

(Case C-218/06) (1)

(Case C-223/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/87/EC — Supplementary supervision of credit institu-
tions,
insurance undertakings and investment firms in a
financial conglomerate — Failure to implement within the
prescribed period)

(Failure of a Member State to fulfil obligations — Directive
2003/51/EC — Company law — Annual accounts of certain
types of companies — Failure to implement within the
prescribed period)

(2006/C 331/38)

Language of the case: French

(2006/C 331/39)

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani, Agent)

Defendant: Grand-Duchy of Luxembourg (represented by: C.
Schiltz, Agent)

Applicant: Commission of the European Communities (repre-
sented by: G. Braun, Agent)

Defendant: Grand-Duchy of Luxembourg (represented by: S.
Schreiner, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, provisions necessary to
comply with Directive 2002/87/EC of the European Parliament
and of the Council of 16 December 2002 on the supplementary
supervision of credit institutions,
insurance undertakings and
investment firms in a financial conglomerate and amending
Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC,
92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC
and 2000/12/EC of the European Parliament and of the Council
(OJ 2003 L 35, p. 1)

Re:

Failure of a Member State to fulfil obligations — Failure to have
adopted, within the prescribed period, all the provisions neces-
sary to comply with Directive 2003/51/EC of the European
Parliament and of
the Council of 18 June 2003 amending
Council Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and
91/674/EEC on the annual and consolidated accounts of certain
types of companies, banks and other financial institutions and
insurance undertakings (OJ L 178, p. 16)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Declares that, by failing to adopt within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Directive 2002/87/EC of the European Parliament and of the
Council of 16 December 2002 on the supplementary supervision
of credit institutions, insurance undertakings and investment firms
in a financial
conglomerate and amending Council Directives
73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC
and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of
the European Parliament and of the Council, the Grand-Duchy of
Luxembourg 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 2003/51/EC of the European Parliament and of the
Council
of 18 June 2003 amending Council Directives
78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on
the annual and consolidated accounts of certain types of companies,
banks and other financial institutions and insurance undertakings,
the Grand-Duchy of Luxembourg has failed to fulfil its obligations
under that directive;

2. Orders the Grand-Duchy of Luxembourg to pay the costs.

2. Orders the Grand-Duchy of Luxembourg to pay the costs.

(1) OJ C 165, 15.7.2006.

(1) OJ C 165, 15.7.2006.