CELEX: 62011CJ0185
Language: en
Date: 2012-01-26
Title: Judgment of the Court (Eighth Chamber) of 26 January 2012. # European Commission v Republic of Slovenia. # Failure of a Member State to fulfil obligations - Direct insurance other than life assurance - Directives 73/239/EEC and 92/49/EEC - Incorrect and incomplete transposition. # Case C-185/11.

Judgment of the Court (Eighth Chamber) of 26 January 2012 — Commission v Slovenia
      (Case C‑185/11)
      Failure of a Member State to fulfil obligations — Direct insurance other than life assurance — Directives 73/239/EEC and 92/49/EEC — Incorrect and incomplete transposition
      Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para 21)
      Re:
      
         
               Failure of a Member State to fulfil obligations — Infringement of Articles 56 and 63 of the Treaty on the functioning of the
                  European Union — Infringement of Article 8(3) of First Council Directive 73/239/EEC of 24 July 1973 on the coordination of
                  laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance
                  other than life assurance (OJ 1973 L 228, p. 3) and of Articles 29 and 39 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)
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by transposing into national law incorrectly and incompletely First Council Directive 73/239/EEC of 24 July
                     1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business
                     of direct insurance other than life assurance, as amended by Directive 2005/68/EC of the European Parliament and the Council
                     of 16 November 2005, and 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), as amended by Directive 2005/68, the Republic of Slovenia has failed to fulfil its obligations
                     under Article 8(3) of Directive 73/239 and Articles 29 and 39 of Directive 92/49;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the remainder of the action;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Commission and the Republic of Slovenia to bear their own costs.