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.
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