CELEX: C2002/274/24
Language: en
Date: 2002-11-09 00:00:00
Title: Judgment of the Court (First Chamber) of 12 September 2002 in Case C-312/01: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directive 98/78/CE — Failure to transpose within the prescribed time-limit)

9.11.2002                EN                      Official Journal of the European Communities                                           C 274/15
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                           (First Chamber)                                                             (First Chamber)
                       of 12 September 2002                                                        of 12 September 2002
in Case C-312/01: Commission of the European Communi-                       in Case C-386/01: Commission of the European Communi-
                    ties v Hellenic Republic ( 1)                                               ties v Kingdom of Spain (1)
(Failure by a Member State to fulfil its obligations —                      (Failure by a Member State to fulfil its obligations — Failure
Directive 98/78/CE — Failure to transpose within the                                         to transpose Directive 98/7/EC)
                        prescribed time-limit)
                                                                                                       (2002/C 274/25)
                           (2002/C 274/24)
                                                                                                (Language of the case: Spanish)
                      (Language of the case: Greek)
                                                                            (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                          in the European Court Reports)
                    in the European Court Reports)
                                                                            In Case C-386/01, Commission of the European Communities
In Case C-312/01, Commission of the European Communities                    (Agent: I. Martínez del Peral) v Kingdom of Spain (Agent:
(Agents: C. Tufvesson and M. Patakia) v Hellenic Republic                   S. Ortiz Vaamonde): Application for a declaration that, by
(Agent: N. Dafniou): Application for a declaration that, by                 failing to adopt the laws, regulations and administrative
failing to adopt or to communicate to the Commission within                 provisions necessary to comply with Directive 98/7/EC of the
the prescribed time-limit, all of the laws, regulations and                 European Parliament and of the Council of 16 February 1998
administrative provisions necessary to comply with Directive                amending Directive 87/102/EEC for the approximation of the
98/78/EC of the European Parliament and of the Council of                   laws, regulations and administrative provisions of the Member
27 October 1998 on the supplementary supervision of                         States concerning consumer credit (OJ 1998 L 101, p. 17) or,
insurance undertakings in an insurance group (OJ 1998 L 330,                in any event, by failing to inform the Commission of the
p. 1), the Hellenic Republic has failed to fulfil its obligations           adoption of such provisions, the Kingdom of Spain has failed
under that directive, the Court (First Chamber), composed of:               to fulfil its obligations under Article 2(1) of that directive, the
P. Jann (Rapporteur), President of the Chamber, M. Wathelet                 Court (First Chamber), composed of: P. Jann (Rapporteur),
and A. Rosas, Judges; L. A. Geelhoed, Advocate General;                     President of the Chamber, M. Wathelet and A. Rosas, Judges;
R. Grass, Registrar, has given a judgment on 12 September                   S. Alber, Advocate General; R. Grass, Registrar, has given a
2002, in which it:                                                          judgment on 12 September 2002, in which it:
1.    Declares that, by failing to bring into force or to communicate       1.    Declares that, by failing to adopt within the prescribed period
      to the Commission within the prescribed time-limit, all of the              the laws, regulations and administrative provisions necessary to
      laws, regulations and administrative provisions necessary to                comply with Directive 98/7/EC of the European Parliament
      comply with Directive 98/78/EC of the European Parliament                   and of the Council of 16 February 1998 amending Directive
      and of the Council of 27 October 1998 on the supplementary                  87/102/EEC for the approximation of the laws, regulations
      supervision of insurance undertakings in an insurance group,                and administrative provisions of the Member States concerning
      the Hellenic Republic has failed to fulfil its obligations under            consumer credit, the Kingdom of Spain has failed to fulfil its
      that directive;                                                             obligations under Article 2(1) of that directive.
2.    Orders the Hellenic Republic to pay the costs.                        2.    Orders the Kingdom of Spain to pay the costs.
( 1) OJ C 275 of 29.9.2001.                                                 (1 ) OJ C 317 of 10.11.2001.