Judgment of the Court (Eighth Chamber) of 28 October 2010.#European Commission v Kingdom of Belgium.#Failure of a Member State to fulfil obligations - Direct insurance other than life assurance - Directives 73/239/EEC and 92/49/EEC - Mutual societies active in the supplementary sickness insurance market - Incorrect or incomplete transposition.#Case C-41/10.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Incorrect and incomplete transposition of Articles 6, 8, 15, 16 and 17 of Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3) and of Articles 20, 21 and 22 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 insurance Directive) (OJ 1992 L 228, p. 1).

Operative part

Operative part

The Court:

1. Declares that, by its incorrect and incomplete transposition of First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance, as amended by Directive 2002/13/EC of the European Parliament and of the Council of 5 March 2002, and 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 insurance Directive), the Kingdom of Belgium has failed to fulfil its obligations under, in particular, Articles 6, 8, 15, 16 and 17 of Directive 73/129, as amended by Directive 2002/13, and Articles 20, 21 and 22 of Directive 92/49;

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