Judgment of the Court (Third Chamber) of 18 July 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-501/04) (1)

(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)

(2007/C 235/03)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: J.M Rodríguez Cárcamo, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to fulfil obligations resulting from 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 insurance 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 which is discriminatory towards insurers in other Member States

Operative part of the judgment

The Court:

(1)  OJ C 19, 22.1.2005.