CELEX: 62010CJ0041
Language: en
Date: 2010-10-28
Title: 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. # Case C-41/10.

Judgment of the Court (Eighth Chamber) of 28 October 2010 – Commission v Belgium
      (Case C‑41/10)
      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
      Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see paras 29-32)
      Re: 
      
         
               Failure of a Member State 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
      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.