Opinion of the Advocate General — ECLI:EU:C:1999:538
Date: 1999-10-28
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: France

Summary of the Judgment 
Freedom to provide services — Direct insurance other than life assurance and direct life 
assurance — Directives 92/49 and 92/96 — Prohibition on requiring systematic notifica­
tion of the general and special conditions of insurance policies — National legislation 
providing for notification to the competent minister of the conditions of a standard form 
contract of insurance when it is first marketed on national territory — Not permissible 
(Council Directives 92/49, Arts 6, 29 and 39, and 92/96, Arts 5, 20 and 39) 
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SUMMARY — CASE C-296/98 
A Member State which maintains in force 
laws, regulations and administrative provi­
sions which provide that insurance or 
capitalisation undertakings which market 
for the first time on national territory a 
standard form contract of insurance must 
systematically send the Minister for Eco­
nomic and Financial Affairs an information 
sheet containing information on the general 
conditions of insurance policies has failed 
to fulfil its obligations under Articles 6, 29 
and 39 of Directive 92/49 on the coordina­
tion of laws, regulations and administrative 
provisions relating to direct insurance other 
than life assurance and amending Direc­
tives 73/239 and 88/357 (third non-life 
insurance directive) and Articles 5, 29 and 
39 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), 
which prohibit a Member State from 
requiring systematic notification of the 
general and special conditions of insurance 
policies which an undertaking proposes to 
use within that Member State in its dealings 
with insurance purchasers. 
(see paras 27, 35 and operative part) 
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