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Document C2007/096/27

Case C-141/06: 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)

SL C 96, 28.4.2007, p. 16–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)

28.4.2007   

EN

Official Journal of the European Union

C 96/16


Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-141/06) (1)

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

(2007/C 96/27)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: A. Aresu and R. Vidal Puig, Agents)

Defendant: Kingdom of Spain (represented by: M.A. Sampol Pucurull, Agent)

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 of the judgment

The Court:

1.

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;

2.

Orders the Kingdom of Spain to pay the costs.


(1)  OJ C 121 of 20.5.2006.


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