Judgment of the Court (Sixth Chamber) of 7 December 2006.#Commission of the European Communities v Grand Duchy of Luxemburg.#Failure of a Member State to fulfil obligations - Directive 2002/65/EC - Distance marketing of financial services - Failure to transpose within the period prescribed.#Case C-127/06.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ 2002 L 271, p. 16).

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 21(1) of that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.