Judgment of the Court (Sixth Chamber) of 19 April 2007.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Directive 2002/65/EC - Financial services - Distance marketing - Failure to transpose within the prescribed period.#Case C-141/06.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, as regards financial services other than private insurance, 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, as regards financial services other than private insurance, 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 Kingdom of Spain has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.