CELEX: 62010CA0041
Language: en
Date: 2010-10-28 00:00:00
Title: Case C-41/10: Judgment of the Court (Eighth Chamber) of 28 October 2010 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Direct insurance other than life assurance — Directives 73/239/EEC and 92/49/EEC — Mutual societies active in the supplementary sickness insurance market — Incorrect or incomplete transposition)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/21
            
         Judgment of the Court (Eighth Chamber) of 28 October 2010 — European Commission v Kingdom of Belgium
   (Case C-41/10) (1)
   
   (Failure of a Member State to fulfil obligations - Direct insurance other than life assurance - Directives 73/239/EEC and 92/49/EEC - Mutual societies active in the supplementary sickness insurance market - Incorrect or incomplete transposition)
   2010/C 346/34
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: G. Rozet and N. Yerrell, acting as Agents)
   
      Defendant: Kingdom of Belgium (represented by: M. Jacobs and L. Van den Broeck, acting as Agents)
   
      Re:
   
   Failure of Member States to fulfil obligations — Incorrect and incomplete transposition of Articles 6, 8, 15, 16 and 17 of 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 of Articles 20, 21 and 22 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/EEC and 88/357/EEC (third non-life insurance Directive) (OJ 1992 L 228, p. 1)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by its incorrect and incomplete transposition of 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 2002/13/EC of the European Parliament and of the Council of 5 March 2002, and 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/EEC and 88/357/EEC (third non-life insurance Directive), the Kingdom of Belgium has failed to fulfil its obligations under, in particular, Articles 6, 8, 15, 16 and 17 of Directive 73/129, as amended by Directive 2002/13, and Articles 20, 21 and 22 of Directive 92/49;
            
         
               2.
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 80, 27.3.2010.