Official Journal of the European Union

C 153/4

(Case C-518/06) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Third-party liability motor insurance - Articles 43 EC and 49 EC - Directive 92/49/EEC - National legislation imposing an obligation to insure on insurance undertakings - Restriction on the freedom of establishment and on the freedom to provide services - Social protection for victims of road traffic accidents - Proportionality - Insurance undertakings’ freedom to set rates - Principle of supervision by the home Member State)

2009/C 153/08

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by E. Traversa and N. Yerrell, Agents)

Defendant: Italian Republic (represented by I.M. Braguglia, Agent, and by M. Fiorilli, avvocato dello Stato)

Intervener in support of the defendant: Republic of Finland (represented by J. Himmanen, Agent)

Re:

Failure to fulfil obligations — Infringement of Articles 43 EC and 49 EC — Infringement of Articles 6, 9, 29 and 39 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) — Calculation of insurance premiums — Obligations imposed on insurers whose head office is in another Member State

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Commission of the European Communities, the Italian Republic and the Republic of Finland to bear their own costs.

* * *

(<span class="super">1</span>) OJ C 42, 24.2.2007.