Source: All England Reporter
Publisher Citation: [2002] All ER (D) 33 (Mar)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Colneric (Acting for the President of the Chamber), Gulmann, Schintgen, Skouris and Cunha Rodrigues (Rapporteur)

Judgment Dates: 5 March 2002

Catchwords

European Community - Insurance - Assurance - Directive prescribing minimum amount of information required to be given to policy holders - National law requiring information in excess of minimum to be given - Whether information required to be given by national law amounting to additional information under directive - Council Directive (EEC) 92/96, art 31.

The Case

Article31(3) of Council Directive (EEC) 92-96, as amended, precluded national legislation which provided that a life assurance proposal, or in the absence of a proposal, a life assurance policy, had to inform the policy holder that cancellation, reduction or surrender of an existing life assurance contract for the purpose of subscribing to another life assurance company was generally detrimental to the policy holder.

Practice Areas

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