Case C-501/04: Judgment of the Court (Third Chamber) of 18 July 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Direct insurance other than life assurance and direct life assurance — Directives 92/49/EEC and 2002/83/EC — Portfolio transfer system — Right to cancel — Admissibility)
Date: 2007-10-06
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 235/2

EN

Official Journal of the European Union

6.10.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 18 July 2007 —
the European Communities v Federal
Commission of
Republic of Germany

(Case C-490/04) (1)

(Actions for failure to fulfil obligations — Admissibility —
Article 49 EC — Freedom to provide services — Posting of
workers — Restrictions — Contribution to the national
paid-leave fund — Translation of documents — Declaration
concerning the place of employment of posted workers)

(2007/C 235/02)

Language of the case: German

1. In enacting a provision, such as Paragraph 3(2) of the law on
posting workers (Arbeitsnehmer-Entsendegesetz) of 26 February
1996, under which foreign temporary employment agencies are
required to declare, not only the placement of a worker with a user
of his services in Germany, but also any change relating to the
place of employment of
the Federal Republic of
that worker,
Germany has failed to fulfil its obligations under Article 49 EC;

2. Dismisses the remainder of the action;

3. Orders the Commission of the European Communities to bear two
thirds of the costs and the Federal Republic of Germany to bear one
third of the costs;

4. Orders the French Republic to bear its own costs.

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa, G. Braun and H. Kreppel, acting as
Agents)

Defendant: Federal Republic of Germany (represented by: W.-D.
Plessing, M. Lumma and C. Schulze-Bahr, Agents, T. Lübbig,
Rechtsanwalt)

Intervenre: French Republic (represented by G. de Bergues and
O. Christmann, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Article 49 EC
— Posting of workers in the framework of the provision of
services by undertakings established on the territory of another
Member State made subject to restrictions which do not apply
to national undertakings — Obligation for foreign undertakings
to pay contributions to the national paid-leave fund even if they
are already subject to similar obligations in the State of origin
and to have a large number of employment documents trans-
lated into the language of the host State — Obligation for
foreign employment agencies to register with the National
Employment
Inspectorate every worker made available to a
national customer before work commences on each individual
building site.

Operative part of the judgment

The Court declares that

(1) OJ C 45, 19.2.2005.

Judgment of the Court (Third Chamber) of 18 July 2007 —
Commission of the European Communities v Kingdom of
Spain

(Case C-501/04) (1)

(Failure of a Member State to fulfil obligations — Direct
insurance other than life assurance and direct life assurance
— Directives 92/49/EEC and 2002/83/EC — Portfolio
transfer system — Right to cancel — Admissibility)

(2007/C 235/03)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by:
Cárcamo, acting as Agent)

J.M Rodríguez

6.10.2007

EN

Official Journal of the European Union

C 235/3

Re:

Operative part of the judgment

Failure of a Member State to fulfil obligations — Failure to fulfil
obligations resulting from Article 12(6) of Council Directive
92/49/EEC of 18 June 1992 on the coordination of laws, regu-
lations and administrative provisions relating to direct insurance
other than life assurance and amending Directives 73/239/EEC
and 88/357/EEC (third non-life insurance Directive) (OJ 1992
L 228, p. 1) and Article 14(5) of Directive 2002/83/EC of the
European Parliament and of the Council of 5 November 2002
concerning life assurance (OJ 2002 L 345, p. 1) — National
legislation which is discriminatory towards insurers in other
Member States

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 19, 22.1.2005.

Judgment of the Court (First Chamber) of 18 July 2007 —
the European Communities v Italian
Commission of

Republic

(Case C-134/05) (1)

(Failure of a Member State to fulfil obligations — Freedom to
provide services — Right of establishment — Extrajudicial
debt recovery)

(2007/C 235/04)

Language of the case: Italian

Parties

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

Defendant: Italian Republic (represented by: I.M. Braguglia and P.
Gentili, Agents)

Re:

1. Declares that, by requiring, within the context of the Consolidated
Law on public security (Testo unico delle leggi di pubblica sicur-
ezza), approved by Royal Decree No 773 of 18 June 1931, every
undertaking pursuing the activity of extrajudicial debt recovery:

— to apply, even though the undertaking holds a licence issued by
the Questore of a province, for a new licence for each other
province in which it wishes to carry on its activities, unless it
confers authority on an authorised agent in that other province,
the Italian Republic has failed to fulfil
its obligations under
Articles 43 EC and 49 EC;

— to have premises in the territory covered by the licence and to
display in those premises a list of the services which may be
provided for clients, the Italian Republic has failed to fulfil its
obligations under Article 49 EC;

— to have premises in each province in which it intends to carry
on its activities, the Italian Republic has failed to fulfil its obli-
gations under Article 43 EC;

2. Dismisses the action as to the remainder;

3. Orders the Commission of

the European Communities and the

Italian Republic to bear their own respective costs.

(1) OJ C 143, 11.6.2005.

Judgment of the Court (Grand Chamber) of 18 July 2007
(reference for a preliminary ruling from the Korkein
hallinto-oikeus) — Oy AA

(Case C-231/05) (1)

(Freedom of establishment — Corporate tax legislation —
Ability of a company to deduct sums paid by way of
intra-group transfer — Obligation on the transferee company
also to have its establishment in the Member State concerned)

(2007/C 235/05)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeu

Failure of a Member State to fulfil obligations — Infringement
of Articles 43 EC and 49 EC — National law making it compul-
sory to obtain a licence in order to carry on the business of
extra-judicial credit recovery the validity of which is restricted to
the province in which it was granted.

Parties to the main proceedings

Applicant: Oy AA