CELEX: 62004CJ0501
Language: en
Date: 2007-07-18 00:00:00
Title: 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. # Case C-501/04.

Judgment of the Court (Third Chamber) of 18 July 2007 – Commission v Spain
      (Case C‑501/04)
      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
      1.                     Actions for failure to fulfil obligations – Application initiating proceedings – Statement of subject-matter and pleas in
            law – Formal requirements (Art. 226 EC; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice,
            Art. 38(1)(c)) (see para. 23)
      2.                     Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the pre-litigation procedure
            (Art. 226 EC) (see paras 24-25)
      3.                     Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Direct insurance other than life
            assurance and direct life assurance – Directives 92/49 and 2002/83 (European Parliament and Council Directive 2002/83, Art.
            14(5); Council Directive 92/49, Art. 12(6)) (see paras 40-42)
      Re: 
      
         Failure to fulfil obligations – Failure to fulfil obligations under 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 assurance 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 discriminating against insurers from other Member States.
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Dismisses the action.
               
            
         
                   
               
               
                  
               
               
                  Orders the Commission of the European Communities to pay the costs.