Case C-156/06: Judgment of the Court (Fifth Chamber) of 23 November 2006 — Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 2002/87/EC — Credit institutions, insurance undertakings and investment firms in a financial conglomerate — Supplementary supervision — Failure to transpose within the prescribed period)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, conglomerate, credit institution, financial control, insurance company, investment company, national implementing measure

30.12.2006

EN

Official Journal of the European Union

C 331/21

Judgment of the Court (Fifth Chamber) of 23 November
the European Communities v
2006 — Commission of

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

Kingdom of Sweden

(Case C-156/06) (1)

Grand-Duchy of Luxembourg

(Case C-198/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/87/EC — Credit institutions,
insurance undertakings
and investment firms in a financial conglomerate — Supple-
mentary supervision — Failure to transpose within the
prescribed period)

(Failure of a Member State to fulfil obligations — Directive
1999/94/EC — New passenger cars — Consumer information
on fuel economy and CO2 emissions)

(2006/C 331/36)

Language of the case: Swedish

(2006/C 331/37)

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and K. Simonsson, acting as Agents)

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and F. Simonetti, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

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

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose within the prescribed period 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)

Operative part of the judgment

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 Kingdom of
the European Parliament and of
Sweden has failed to fulfil its obligations under that directive.

the Council,

Re:

Failure of a Member State to fulfil obligations — Failure to draw
up or to transmit to the Commission the report required under
Article 9 of Directive 1999/94/EC of the European Parliament
and of the Council of 13 December 1999 relating to the avail-
ability of consumer information on fuel economy and CO2
emissions in respect of the marketing of new passenger cars (OJ
2000 L 12, p. 16)

Operative part of the judgment

The Court:

1. Declares that, by failing to transmit

the report required under
Article 9 of Directive 1999/94/EC of the European Parliament
and of the Council of 13 December 1999 relating to the avail-
ability of consumer information on fuel economy and CO2 emis-
sions in respect of the marketing of new passenger cars, the Grand-
Duchy of Luxembourg has failed to fulfil its obligations under that
directive;

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

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

(1) OJ C 131 of 3.6.2006.

(1) OJ C 165, 15.7.2006.