CELEX: C2007/096/27
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-141/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2002/65/EC — Financial services — Distance marketing — Failure to transpose within the prescribed period)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/16
            
         Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-141/06) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2002/65/EC - Financial services - Distance marketing - Failure to transpose within the prescribed period)
   (2007/C 96/27)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: A. Aresu and R. Vidal Puig, Agents)
   
      Defendant: Kingdom of Spain (represented by: M.A. Sampol Pucurull, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, as regards financial services other than private insurance, the provisions necessary to comply with Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ 2002 L 271, p. 16)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, as regards financial services other than private insurance, the laws, regulations and administrative provisions necessary to comply with Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, the Kingdom of Spain has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 121 of 20.5.2006.