Opinion of the Advocate General — ECLI:EU:C:2000:27
Date: 2000-01-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Summary of the Judgment 
Freedom of movement for persons — Freedom of establishment — Freedom to provide 
services — Direct insurance other than life assurance — Directive 92/49 — Scope — 
Insurance forming part of a statutory system of social security offered, at their own risk, 
by insurance undertakings — Inclusion — National legislation excluding from the scope 
of the national implementing legislation any insurance fund or undertaking covering 
accidents at work — Failure to fulfil obligations 
(Council Directive 92/49, Arts 2(2) and .5.5) 
I - 3509 
SUMMARY — CASE C-206/98 
Article 2(2) of Directive 92/49 on the 
coordination of laws, regulations and 
administrative provisions relating to direct 
insurance other than life assurance and 
amending Directives 73/239 and 88/357 
(third non-life insurance Directive) must be 
interpreted in the light of Article 55 of the 
Directive, which refers to insurance under­
takings offering, at their own risk, compul­
sory insurance against accidents at work in 
the territory of the Member States and 
from which it follows, since it is a special 
provision derogating from the general 
scheme of the Directive, that the insurance 
referred to falls within the scope thereof. It 
follows that Directive 92/49 is applicable to 
insurance forming part of a statutory 
scheme of social security offered by insur­
ance undertakings at their own risk. 
Therefore, by adopting and maintaining in 
force a provision which excludes from the 
scope of the national legislation implement­
ing Directive 92/49 any insurance fund or 
undertaking covering accidents at work, 
even where those funds or undertakings 
operate at their own risk with a view to 
profit, a Member State fails to fulfil its 
obligations under the Directive. 
(see paras 35-36, 44 and operative part) 
I - 3510