Keywords
Summary

Keywords

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Freedom of movement for persons ° Freedom of establishment ° Derogations ° Activities connected with the exercise of public authority ° Approved commissioners of insurance undertakings pursuing their activities in Belgium ° Not included

(EEC Treaty, Art. 55, first paragraph)

Summary

The derogation from the freedom of establishment provided for in the first paragraph of Article 55 of the Treaty, which excludes from the application of the provisions on freedom of establishment activities which in a Member State are connected, even occasionally, with the exercise of official authority, must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority.

That is not the case for the activities of approved commissioners with insurance undertakings and private provident associations when they are exercised in a context such as that which operates in Belgium, where vis-à-vis the Insurance Inspectorate, which is a public body participating in the exercise of official authority and endowed with powers of regulation, supervision and direction, the approved commissioner, who is freely appointed by the insurance undertaking and is remunerated by it, has merely an auxiliary and preparatory role to play, notwithstanding the fact that his activities are subject to the supervision of the Insurance Inspectorate, that he must swear an oath and that he may impose a veto with suspensory effect on the implementation of decisions adopted by the undertaking.