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Document 62006CJ0141

Judgment of the Court (Sixth Chamber) of 19 April 2007.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 2002/65/EC - Financial services - Distance marketing - Failure to transpose within the prescribed period.
Case C-141/06.

European Court Reports 2007 I-00058*

ECLI identifier: ECLI:EU:C:2007:236





Judgment of the Court (Sixth Chamber) of 19 April 2007 – Commission v Spain

(Case C‑141/06)

Failure of a Member State to fulfil obligations – Directive 2002/65/EC – Financial services – Distance marketing – Failure to transpose within the prescribed period

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, as regards financial services other than private insurance, 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:

 

Declares that, by failing to adopt, as regards financial services other than private insurance, 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 Kingdom of Spain has failed to fulfil its obligations under that directive;

 

Orders the Kingdom of Spain to pay the costs.

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