CELEX: E2009J0003
Language: en
Date: 2009-12-01
Title: Judgment of the Court of 1 December 2009 in Case E-3/09 EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

23.9.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/6
            
         JUDGMENT OF THE COURT
   of 1 December 2009
   in Case E-3/09 EFTA Surveillance Authority v The Principality of Liechtenstein
   
      (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)
   
   2010/C 256/06
   In Case E-3/09, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority of the measures necessary to implement the Act referred to, inter alia, at point 7b of Annex IX to the EEA Agreement, i.e. Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time-limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 64(1) of that Act and under Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson (Judge-Rapporteur) and Henrik Bull, Judges, gave judgment on 1 December 2009, the operative part of which is as follows:
   The Court hereby:
   
               1.
            
            
               Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC, as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 64(1) of the Directive and under Article 7 of the EEA Agreement.
            
         
               2.
            
            
               Orders the Principality of Liechtenstein to bear the costs of the proceedings.