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Judgment of the Court (Fifth Chamber) of 23 November 2006. # Commission of the European Communities v Kingdom of Sweden. # Failure of a Member State to fulfil obligations - Directive 2002/87/EC - Credit institutions, insurance undertakings and investment firms in a financial conglomerate - Supplementary supervision - Failure to transpose within the prescribed period. # Case C-156/06.
ECLI:EU:C:2006:738
62006CJ0156
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(Case C-156/06)
Failure of a Member State to fulfil obligations – Directive 2002/87/EC – Credit institutions, insurance undertakings and investment firms in a financial conglomerate – Supplementary supervision – 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. 6)
Re:
Failure of a Member State to fulfil obligations – Failure to transpose within the prescribed period Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ 2003 L 35, p. 1).
Operative part
The Court:
1.Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council, the Kingdom of Sweden has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Sweden to pay the costs.