CELEX: 62006CJ0127
Language: en
Date: 2006-12-07 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 7 December 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2002/65/EC - Distance marketing of financial services - Failure to transpose within the period prescribed. # Case C-127/06.

Judgment of the Court (Sixth Chamber) of 7 December 2006 – Commission v Luxembourg
      (Case C-127/06)
      Failure of a Member State to fulfil obligations – Directive 2002/65/EC – Distance marketing of financial services – Failure to transpose within the period prescribed
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, 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 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt, within the period prescribed, 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
                     Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 21(1) of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Grand Duchy of Luxembourg to pay the costs.