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Document 62008CJ0551

    Judgment of the Court (Seventh Chamber) of 29 October 2009.
    Commission of the European Communities v Republic of Poland.
    Failure of a Member State to fulfil obligations - Directive 2005/68/EC -Self-employed activity of reinsurance - Taking up and pursuit - National provisions prior to the directive - Failure to communicate or failure to transpose within the prescribed period.
    Case C-551/08.

    European Court Reports 2009 I-00176*

    ECLI identifier: ECLI:EU:C:2009:683

    Date of document:
    29/10/2009
    Date lodged:
    11/12/2008
    Author:
    Court of Justice
    Country or organisation from which the request originates:
    Poland
    Form:
    Judgment
    Authentic language:
    Polish
    Type of procedure:
    Action for failure to fulfil obligations - successful
    Defendant:
    Poland
    Judge-Rapporteur:
    Lindh
    Advocate General:
    Ruiz-Jarabo Colomer
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Case affecting:
    Instruments cited in case law:
    Notes relating to the decision:
    • 1. Meister, Marie: Directive, Europe 2010 Janvier Comm. nº 2 p.11





    Judgment of the Court (Seventh Chamber) of 29 October 2009 – Commission v Poland

    (Case C-551/08)

    Failure of a Member State to fulfil obligations – Directive 2005/68/EC – Self-employed activity of reinsurance – Taking up and pursuit – National provisions prior to the directive – Failure to communicate or failure to transpose within the prescribed period

    1.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (Art. 226 EC) (see paras 15, 19)

    2.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see paras 21, 23)

    3.                     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. 226 EC) (see paras 25, 27)

    Re:

    Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period all the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p. 1).

    Operative part

    The Court:

    1.

    Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, and by failing to communicate to the Commission of the European Communities the text of the national provisions adopted in the field covered by that directive, the Republic of Poland has failed to fulfil its obligations under that directive, in particular Article 64;

    2.

    Orders the Republic of Poland to pay the costs.

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