Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2002/87/EC Credit institutions, insurance undertakings and investment firms in a financial conglomerate Supplementary supervision
Sumário
Judgment of the Court (Fifth Chamber) of 23 November 2006.
Commission of the European Communities v Kingdom of Sweden.
Failure of a Member State to fulfil obligations - Directive 2002/87/EC - Credit institutions, insurance undertakings and investment firms in a financial conglomerate - Supplementary supervision - Failure to transpose within the prescribed period.
Case C-156/06.
Texto da decisão
Judgment of the Court (Fifth Chamber) of 23 November 2006 – Commission v Sweden
(Case C-156/06)
Failure of a Member State to fulfil obligations – Directive 2002/87/EC – Credit institutions, insurance undertakings and investment firms in a financial conglomerate – Supplementary supervision – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 6)
Re:
| Failure of a Member State to fulfil obligations – Failure to transpose within the prescribed period Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ 2003 L 35, p. 1). |
Operative part
The Court:
|
1. |
Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council, the Kingdom of Sweden has failed to fulfil its obligations under that directive; |
|
2. |
Orders the Kingdom of Sweden to pay the costs. |