CELEX: C1998/055/15
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 18 December 1997 in Case C-360/95: Commission of the European Communities v. Kingdom of Spain (Failure to fulfil obligations - Failure to transpose Directive 91/371/EEC - Implementation of the Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance

20.2.98               EN                   Official Journal of the European Communities                                       C 55/9
order to transpose that Directive, the Federal Republic of            Confederation concerning direct insurance other than life
Germany has failed to fulfil its obligations under the third          assurance (OJ L 205, 27.7.1991, p. 48) or, in the
paragraph of Article 189 of the EC Treaty and                         alternative, by failing to inform the Commission thereof,
Article 34(1) of the Directive Ð the Court (Sixth                     the Kingdom of Spain has failed to fulfil its obligations
Chamber), composed of: H. Ragnemalm (Rapporteur),                     under the EC Treaty Ð the Court (Fifth Chamber),
President of the Chamber, G. F. Mancini, P. J. G. Kapteyn,            composed of: C. Gulmann, President of the Chamber, M.
J. L. Murray and K. M. Ioannou, Judges; N. Fennelly,                  Wathelet, J. C. Moitinho de Almeida (Rapporteur), P. Jann
Advocate-General; R. Grass, Registrar, has given a                    and L. Sevón, Judges; A. La Pergola, Advocate-General; L.
judgment on 16 December 1997, in which it:                            Hewlett, Administrator, for the Registrar, has given a
                                                                      judgment on 18 December 1997, in which it:
1. declares that, by failing to adopt within the prescribed
     period all the laws and regulations necessary to                 1. declares that, by failing to adopt within the prescribed
     comply with Council Directive 93/36/EEC of 14 June                    period the laws, regulations and administrative
     1993 coordinating procedures for the award of public                  provisions necessary to comply with Council Directive
     supply contracts, the Federal Republic of Germany has                 91/371/EEC of 20 June 1991 on the implementation
     failed to fulfil its obligations under Article 34(1) of               of the Agreement between the European Economic
     that Directive;                                                       Community and the Swiss Confederation concerning
                                                                           direct insurance other than life assurance, the
                                                                           Kingdom of Spain has failed to fulfil its obligations
                                                                           under that Directive;
2. orders the Federal Republic of Germany to pay the
     costs.
                                                                      2. orders the Kingdom of Spain to pay the costs.
(1) OJ C 370, 7.12.1996.
                                                                      (1) OJ C 16, 20.1.1996.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)                                              JUDGMENT OF THE COURT
                                                                                              (Fifth Chamber)
                     of 18 December 1997
                                                                                          of 18 December 1997
       in Case C-360/95: Commission of the European
            Communities v. Kingdom of Spain (1)                       in   Case    C-361/95: Commission of the European
                                                                                  Communities v. Kingdom of Spain (1)
(Failure to fulfil obligations Ð Failure to transpose
Directive 91/371/EEC Ð Implementation of the                          (Failure to fulfil obligations Ð Failure to transpose
Agreement between the European Economic Community                     Directive 92/49/EEC Ð Direct insurance other than life
and the Swiss Confederation on direct insurance other                                            assurance)
                       than life assurance
                                                                                                (98/C 55/16)
                          (98/C 55/15)
                                                                                     (Language of the case: Spanish)
               (Language of the case: Spanish)
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                      In Case C-361/95: Commission of the European
                                                                      Communities (Agents: Dimitrios Gouloussis and Blanca
In Case C-360/95: Commission of the European                          VilaÂ Costa) v. Kingdom of Spain (Agents: Alberto JoseÂ
Communities (Agents: Dimitrios Gouloussis and Blanca                  Navarro GonzaÂlez and Rosario Silva de Lapuerta) Ð
VilaÂ Costa) v. Kingdom of Spain (Agents: Alberto JoseÂ               application for a declaration that, by failing to adopt and
Navarro GonzaÂlez and Rosario Silva de Lapuerta) Ð                    bring into force within the prescribed period the laws,
application for a declaration that, by failing to adopt and           regulations and administrative provisions necessary to
bring into force within the prescribed period the laws,               comply with Council Directive 92/49/EEC of 18 June
regulations and administrative provisions necessary to                1992 on the coordination of laws, regulations and
comply with Council Directive 91/371/EEC of 20 June                   administrative provisions relating to direct insurance other
1991 on the implementation of the Agreement between                   than life assurance and amending Directives 73/239/EEC
the European Economic Community and the Swiss                         and 88/357/EEC (third non-life insurance Directive)