Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

Operative part

The Court:

1. Dismisses the action.

2. Orders the Commission of the European Communities to pay the costs.