Case C-633/20: Judgment of the Court (First Chamber) of 29 September 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v TC Medical Air Ambulance Agency GmbH (Reference for a preliminary ruling — Freedom of establishment and freedom to provide services — Single market in insurance — Directive 2002/92/EC — Definition of ‘insurance intermediary’ — Activity of ‘insurance mediation’ — Directive (EU) 2016/97 — Activity of ‘distribution of insurance’ — Scope of those directives — Membership of a group insurance policy — Assignment of rights under the insurance contract — Insurance benefits in the event of sickness or accident abroad — Remuneration paid by the member in consideration for the insurance cover acquired — Consumer protection — Equal treatment of insurance intermediaries)
Date: 2022-09-29
Institutions: Court of Justice
Subjects: consumer protection, equal treatment, freedom to provide services, insurance indemnity, insurance occupation, personal accident insurance, remuneration of work, right of establishment, trade intermediary








C_2022432EN.01000301.xml










14.11.2022   


EN


Official Journal of the European Union


C 432/3






Judgment of the Court (First Chamber) of 29 September 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v TC Medical Air Ambulance Agency GmbH
(Case C-633/20) (1)

(Reference for a preliminary ruling - Freedom of establishment and freedom to provide services - Single market in insurance - Directive 2002/92/EC - Definition of ‘insurance intermediary’ - Activity of ‘insurance mediation’ - Directive (EU) 2016/97 - Activity of ‘distribution of insurance’ - Scope of those directives - Membership of a group insurance policy - Assignment of rights under the insurance contract - Insurance benefits in the event of sickness or accident abroad - Remuneration paid by the member in consideration for the insurance cover acquired - Consumer protection - Equal treatment of insurance intermediaries)
(2022/C 432/03)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV

Defendant: TC Medical Air Ambulance Agency GmbH

Operative part of the judgment

Article 2(3) and (5) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, as amended by Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014, and of Article 2(1)(1), (3) and (8) of Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016, on the distribution of insurance, as amended by Directive (EU) 2018/411 of the European Parliament and of the Council of 14 March 2018,
must be interpreted as meaning that the concept of ‘insurance intermediary’ and, therefore, that of ‘insurance distributor’, within the meaning of those provisions, covers a legal person whose activity consists in offering its customers membership on a voluntary basis, in return for payment which it receives from them, of a group insurance policy to which it has subscribed previously with an insurance company, where that membership entitles those customers to insurance benefits in the event, in particular, of sickness or accident abroad.


(1)  OJ C 62, 22.2.2021.