CELEX: C2007/235/03
Language: en
Date: 2007-10-06 00:00:00
Title: Case C-501/04: Judgment of the Court (Third Chamber) of 18 July 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Direct insurance other than life assurance and direct life assurance — Directives 92/49/EEC and 2002/83/EC — Portfolio transfer system — Right to cancel — Admissibility)

6.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/2
            
         Judgment of the Court (Third Chamber) of 18 July 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-501/04) (1)
   
   (Failure of a Member State to fulfil obligations - Direct insurance other than life assurance and direct life assurance - Directives 92/49/EEC and 2002/83/EC - Portfolio transfer system - Right to cancel - Admissibility)
   (2007/C 235/03)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: E. Traversa and R. Vidal Puig, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: J.M Rodríguez Cárcamo, acting as Agent)
   Re:
   Failure of a Member State to fulfil obligations — Failure to fulfil obligations resulting from Article 12(6) 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) and Article 14(5) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (OJ 2002 L 345, p. 1) — National legislation which is discriminatory towards insurers in other Member States
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 19, 22.1.2005.