Opinion of the Advocate General — ECLI:EU:C:2009:310
Date: 2009-05-14
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 1. Freedom of movement for persons – Freedom of establishment – Legal expenses insurance – Directive 87/344 (Council Directive 87/344, Arts 3(2), 4(1)(a), and 5) 2. Freedom of movement for persons – Freedom of establishment – Legal expenses insurance – Directive 87/344 (Council Directive 87/344, Art. 4(1)(a)) 1. It follows from the wording of Articles 3, 4 and 5 of Directive 87/344 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance and from the context of that directive that the right to freely choose a representative is granted to every insured person in a general and independent way, within the limits set by each of those articles. Therefore, Article 4(1) of Directive 87/344 recognises the right of the insured person to choose his representative but, other than in cases where a conflict of interests arises, restricts that right to inquiries and proceedings. The use of the adjective ‘any’ as well as the tense of the verb ‘to recognise’ demonstrate the general application and obligatory nature of that rule. Furthermore, that provision lays down the minimum level of freedom which must be granted to the insured person whatever the option provided for in Article 3(2) of that directive with which the insurance undertaking complies. (see paras 46-48) 2. Article 4(1)(a) of Council Directive 87/344 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance must be interpreted as not permitting the legal expenses insurer to reserve the right, where a large number of insured persons suffer loss as a result of the same event, itself to select the legal representative of all the insured persons concerned. (see para. 68, operative part)