Judgment — ECLI:EU:C:2011:355
Date: 2011-05-26
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Right of establishment;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment Freedom of movement for persons – Freedom of establishment – Legal expenses insurance – Directive 87/344 – Right of the insured person to choose his legal representative freely – Extent (Council Directive 87/344, Art. 4(1)) Article 4(1) of Directive 87/344 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance must be interpreted as not precluding a national provision under which it may be agreed that a person covered by legal expenses insurance may select, in order to have his interests represented in administrative or judicial proceedings, only persons professionally authorised to represent parties who have their chambers at the place of the court or administrative authority having jurisdiction at first instance, on condition that, in order not to render meaningless the insured person’s freedom to choose the person instructed to represent him, that restriction relates only to the extent of the cover by the legal insurance provider in respect of costs linked to the involvement of a representative and that the reimbursement actually provided by that insurer is sufficient, this being a matter for the referring court to determine. (see para. 36, operative part)