EuGH · C-501/04

Subject of the case Operative part Subject of the case Re: Failure to fulfil obligations – Failure to fulfil obligations under Article 12(6) 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 assurance directive) (OJ 1992 L 228, p. 1) and Article 14(5) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (OJ 2002 L 345, p. 1) – National legislation discriminating against insurers from other Member States. Operative part Operative part The Court: 1. Dismisses the action. 2. Orders the Commission of the European Communities to pay the costs.