Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Republic of Poland (Judgment of the Court (Seventh Chamber)) [2009] EUECJ C-551/08 (29 October 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C55108.html
Cite as: [2009] EUECJ C-551/8, EU:C:2009:683, ECLI:EU:C:2009:683, [2009] EUECJ C-551/08

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Judgment of the Court (Seventh Chamber) of 29 October 2009 – Commission v Poland

(Case C-551/08)

Failure of a Member State to fulfil obligations – Directive 2005/68/EC – Self-employed activity of reinsurance – Taking up and pursuit – National provisions prior to the directive – Failure to communicate or failure to transpose within the prescribed period

1.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (Art. 226 EC) (see paras 15, 19)

2.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see paras 21, 23)

3.                     Actions for failure to fulfil obligations – Examination of the 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 paras 25, 27)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period all the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, 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 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, and by failing to communicate to the Commission of the European Communities the text of the national provisions adopted in the field covered by that directive, the Republic of Poland has failed to fulfil its obligations under that directive, in particular Article 64;

2.

Orders the Republic of Poland to pay the costs.

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