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Judgment of the Court (Third Chamber) of 18 July 2007. # Commission of the European Communities v Kingdom of Spain. # 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. # Case C-501/04.

ECLI:EU:C:2007:431

62004CJ0501

July 18, 2007
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(Case C‑501/04)

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

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

The Court:

Dismisses the action.

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

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