Case C-252/06: Judgment of the Court (Eighth Chamber) of 14 December 2006 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 2002/92/EC — Insurance mediation — Failure to implement within the prescribed period)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, insurance, trade intermediary

30.12.2006

EN

Official Journal of the European Union

C 331/23

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

Federal Republic of Germany

(Case C-252/06) (1)

Order of the Court of 7 November 2006 — Centro Provin-
cial de Jóvenes Agricultores de Jaén (ASAJA), Salvador
Contreras Gila, José Ramiro López, Antonio Ramiro López,
Cristobal Gallego Martínez, Benito García Burgos, Antonio
Parras Rosa v Council of the European Union

(Case C-418/05 P) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/92/EC — Insurance mediation — Failure to implement
within the prescribed period)

(Appeal — Regulation (EC) No 864/2004 — Action for
annulment — Support scheme in the olive oil sector —
Natural and legal persons — Not individually concerned)

(2006/C 331/40)

Language of the case: German

(2006/C 331/41)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Braun and N. Yerrell, Agents)

Defendant: Federal Republic of Germany (represented by: M.
Lumma and U. Forsthoff, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the period prescribed all the provisions necessary
to comply with Directive 2002/92/EC of the European Parlia-
ment and of the Council of 9 December 2002 on insurance
mediation (OJ 2003 L 9, p. 3)

Operative part of the judgment

The Court:

Parties

Applicant: Centro Provincial de Jóvenes Agricultores de Jaén
(ASAJA), Salvador Contreras Gila, José Ramiro López, Antonio
Ramiro López, Cristobal Gallego Martínez, Benito García
Burgos, Antonio Parras Rosa (represented by:
J. Vázquez
Medina, abogado)

Other party to the proceedings: Council of the European Union
(represented by: M. Balta and M.F. Florindo Gijón, Agents)

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: M. Nolin and F.
Jimeno
Fernández, Agents)

Re:

Appeal against the order of the Court of First Instance (Third
Chamber) of 8 September 2005 in Joined Cases T-295/04 to T-
297/04 ASAJA and Others v Council, declaring inadmissible the
actions for partial annulment of Council Regulation (EC) No
864/2004 of 29 April 2004 amending Regulation (EC) No
1782/2003 establishing common rules
support
schemes under the common agricultural policy and establishing
certain support schemes for farmers, and adapting it by reason
of the accession of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the
European Union (OJ 2004 L 161, p. 48)

for direct

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2002/92/EC
of the European Parliament and of the Council of 9 December
2002 on insurance mediation, the Federal Republic of Germany
has failed to fulfil its obligations under that directive;

Operative part of the order

1. The appeal is dismissed;

2. The applicants are ordered to pay the costs;

2. Order the Federal Republic of Germany to pay the costs.

3. The Commission of the European Communities shall bear its own

costs.

(1) OJ C 178, 29.7.2006.

(1) OJ C 48, 25.2.2006.