Case C-82/10: Judgment of the Court (Fourth Chamber) of 29 September 2011 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 73/239/EEC — Articles 6, 8, 9, 13 and 15 to 17 — Directive 92/49/EEC — Articles 22 and 23 — Direct insurance other than life assurance — Amendment of statutes of an insurance body as regards its capacity — Non-application of the European Union insurance legislation in respect of insurance other than life assurance)
Date: 2011-09-29
Institutions: Court of Justice
Subjects: Ireland, administrative check, application of EU law, competition, control of restrictive practices, insurance, insurance company








C_2011340EN.01000301.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/3





Judgment of the Court (Fourth Chamber) of 29 September 2011 — European Commission v Ireland
(Case C-82/10) (1)

(Failure of a Member State to fulfil obligations - Directive 73/239/EEC - Articles 6, 8, 9, 13 and 15 to 17 - Directive 92/49/EEC - Articles 22 and 23 - Direct insurance other than life assurance - Amendment of statutes of an insurance body as regards its capacity - Non-application of the European Union insurance legislation in respect of insurance other than life assurance)
2011/C 340/04
Language of the case: English

Parties


Applicant: European Commission (represented by: N. Yerrell, Agent)

Defendant: Ireland (represented by: D. O’Hagan, Agent, E. Regan SC)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 6, 8, 9, 13, 15, 16 and 17 of the First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3) and Articles 22 and 23 of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357 (third non-life insurance Directive) (OJ 1992 L 228, p. 1)

Operative part of the judgment

The Court rules and declares:






1.


By failing to apply to all insurance undertakings, on a non-discriminatory basis, the European Union insurance legislation in its entirety and particularly Articles 6, 8, 9, 13 and 15 to 17 of the First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance, as amended by Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 and Articles 22 and 23 of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239 and 88/357/EEC (third non-life insurance Directive), as amended by Directive 2005/68, Ireland has failed to fulfil its obligations under those directives.










2.


Ireland shall pay the costs.






(1)  OJ C 113, 1.5.2010.