Keywords
Summary

Keywords

1. Acts of the institutions - Directives - Implementation by Member States - Need to ensure the effective application of directives - Obligations of the national courts

(EC Treaty, Art. 189, third para. (now Art. 249, third para., EC))

2. Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Direct life assurance - Directive 92/96 - Information to be given to the policy holder - National legislation requiring a warning that the cancellation, reduction or surrender of an existing assurance policy for the purpose of subscribing to another policy is generally detrimental - Not permissible

(Council Directive 92/96, Art. 31(3))

Summary

1. Even if, in the absence of proper transposition into national law, a directive cannot of itself impose obligations on individuals, the national court that has to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the Treaty (now the third paragraph of Article 249 EC).

( see para. 18 )

2. Article 31(3) of Directive 92/96 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267 and 90/619 (third life assurance Directive) precludes national legislation which provides that a life-assurance proposal, or in the absence of a proposal, a life-assurance policy must inform the policy-holder that cancellation, reduction or surrender of an existing life-assurance contract for the purpose of subscribing to another life-assurance policy is generally detrimental to the policy-holder. The additional information Member States may require in accordance with that article must be clear, accurate and necessary for a proper understanding of the essential characteristics of assurance products proposed to the policy-holder. Information as vague and general as that given by such a warning does not satisfy those requirements.

( see paras 24-25, 30-31, operative part )