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.

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.