# C_2010305EN.01001601.xml

| 11.11.2010 | EN | Official Journal of the European Union | C 305/16 |
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11.11.2010

EN

Official Journal of the European Union

C 305/16

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JUDGEMENT OF THE COURT

of 27 January 2010

in Case E-4/09

Inconsult Anstalt and the Financial Market Authority (Finanzmarktaufsicht)

(Admissibility — Directive 2002/92/EC on insurance mediation — Concept of a ‘durable medium’)

(Admissibility — Directive 2002/92/EC on insurance mediation — Concept of a ‘durable medium’)

2010/C 305/09

In Case E-4/09 between Inconsult Anstalt and the Financial Market Authority — REQUEST to the Court by the Appeals Commission of the Financial Market Authority (Beschwerdekommission der Finanzmarktaufsicht), Liechtenstein, concerning the interpretation of Article 2(12) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, in relation to the criteria which have to be fulfilled for an Internet site to constitute a ‘durable medium’ under the said Article, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson (Judge-Rapporteur) and Henrik Bull, Judges, gave judgment on 27 January 2010, the operative part of which is as follows:

| 1. | In order for an Internet site to qualify as a ‘durable medium’ within the meaning of Article 2(12) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, it must enable the customer to store the information listed in Article 12 of the Directive. |
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1.

In order for an Internet site to qualify as a ‘durable medium’ within the meaning of Article 2(12) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, it must enable the customer to store the information listed in Article 12 of the Directive.

| 2. | In order to qualify as a ‘durable medium’, an Internet site must enable the customer to store the information required under Article 12 of the Directive in a way which makes it accessible for a period of time adequate to the purposes of the information, that is, for as long as it is relevant for the customer in order to protect his interests stemming from his relations with the insurance intermediary. This may cover the time during which contractual negotiations were conducted even if not resulting in the conclusion of an insurance contract, the period during which an insurance contract is in force and, to the extent necessary, the period after such a contract has lapsed. |
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2.

In order to qualify as a ‘durable medium’, an Internet site must enable the customer to store the information required under Article 12 of the Directive in a way which makes it accessible for a period of time adequate to the purposes of the information, that is, for as long as it is relevant for the customer in order to protect his interests stemming from his relations with the insurance intermediary. This may cover the time during which contractual negotiations were conducted even if not resulting in the conclusion of an insurance contract, the period during which an insurance contract is in force and, to the extent necessary, the period after such a contract has lapsed.

| 3. | In order to qualify as a ‘durable medium’, an Internet site must allow for the unchanged reproduction of the information stored, that is, the information must be stored in a way that makes it impossible for the insurance intermediary to change it unilaterally. |
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3.

In order to qualify as a ‘durable medium’, an Internet site must allow for the unchanged reproduction of the information stored, that is, the information must be stored in a way that makes it impossible for the insurance intermediary to change it unilaterally.

| 4. | In order for an Internet site to qualify as a ‘durable medium’, it is irrelevant whether the customer has expressly consented to the provision of information through the Internet. |
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4.

In order for an Internet site to qualify as a ‘durable medium’, it is irrelevant whether the customer has expressly consented to the provision of information through the Internet.

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