Reference for a preliminary ruling from the Simvoulio tis Epikrateias lodged on 3 November 2011 — Enosis Epangelmation Asfaliston Ellados (EEAE), Sillogos Asfalistikon Praktoron Nomou Attikis (SPATE), Panellinios Sillogos Asfalistikon Simboulon (PSAS), Sindesmos Ellinon Mesiton Asfaliseon (SEMA), Panellinios Sindesmos Sintoniston Asfalistikon Simboulon (PSAS) v Ipourgos Anaptixis and Omospondias Asfalistikon Sillogon Ellados

(Case C-555/11)

(2012/C 25/61)

Language of the case: Greek

Referring court

Simvoulio tis Epikrateias (Council of State)

Parties to the main proceedings

Applicants: Enosis Epangelmation Asfaliston Ellados (Hellenic Association of Insurance Professionals, EEAE), Sillogos Asfalistikon Praktoron Nomou Attikis (Attica Association of Insurance Agents, SPATE), Panellinios Sillogos Asfalistikon Simboulon (Hellenic Association of Insurance Advisors, PSAS), Sindesmos Ellinon Mesiton Asfaliseon (Hellenic Insurance Broker Association, SEMA), Panellinios Sindesmos Sintoniston Asfalistikon Simboulon (Hellenic Association of Insurance Advisor Coordinators, PSAS).

Defendants: Ipourgos Anaptixis (Minister for Development), Omospondias Asfalistikon Sillogon Ellados (Federation of Hellenic Insurance Associations)

Question referred

Does the provision of the second subparagraph of Article 2(3) of Directive 2002/92/EC, which states: ‘These activities (those listed in the first subparagraph of that provision) when undertaken by an insurance undertaking or an employee of an insurance undertaking who is acting under the responsibility of the insurance undertaking shall not be considered as insurance mediation’, mean that an employee of an insurance undertaking who does not have the qualifications required under Article 4(1) of that directive is permitted to pursue the activity of insurance mediation on an incidental basis, and not as his main professional activity, even if that employee does not have an employment relationship with the undertaking, which however supervises his actions, or does the directive permit that activity to be pursued only within the framework of an employment relationship?