CELEX: 62006CA0518
Language: en
Date: 2009-04-28 00:00:00
Title: Case C-518/06: Judgment of the Court (Grand Chamber) of 28 April 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Third-party liability motor insurance — Articles 43 EC and 49 EC — Directive 92/49/EEC — National legislation imposing an obligation to insure on insurance undertakings — Restriction on the freedom of establishment and on the freedom to provide services — Social protection for victims of road traffic accidents — Proportionality — Insurance undertakings’ freedom to set rates — Principle of supervision by the home Member State)

4.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 153/4
            
         Judgment of the Court (Grand Chamber) of 28 April 2009 — Commission of the European Communities v Italian Republic
   (Case C-518/06) (1)
   
   (Failure of a Member State to fulfil obligations - Third-party liability motor insurance - Articles 43 EC and 49 EC - Directive 92/49/EEC - National legislation imposing an obligation to insure on insurance undertakings - Restriction on the freedom of establishment and on the freedom to provide services - Social protection for victims of road traffic accidents - Proportionality - Insurance undertakings’ freedom to set rates - Principle of supervision by the home Member State)
   2009/C 153/08
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by E. Traversa and N. Yerrell, Agents)
   
      Defendant: Italian Republic (represented by I.M. Braguglia, Agent, and by M. Fiorilli, avvocato dello Stato)
   
      Intervener in support of the defendant: Republic of Finland (represented by J. Himmanen, Agent)
   
      Re:
   
   Failure to fulfil obligations — Infringement of Articles 43 EC and 49 EC — Infringement of Articles 6, 9, 29 and 39 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) — Calculation of insurance premiums — Obligations imposed on insurers whose head office is in another Member State
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities, the Italian Republic and the Republic of Finland to bear their own costs.
            
         
      (1)  OJ C 42, 24.2.2007.