19.4.2022
EN
Official Journal of the European Union
C 165/3
— does not necessarily have to include exhaustive information as to the nature and extent of all the risks associated with the investment in those underlying assets, or the information communicated to the insurance undertaking by the issuer of those financial instruments under Article 19(3) of Directive 2004/39/EC of the European Parliament and of the Council, of 21 April 2004, on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC.
3.
Article 36(1) of Directive 2002/83 must be interpreted as meaning that the information referred to in point a(12) of Annex III(A) to that directive does not necessarily have to be communicated to a consumer who accedes, as an insured person, to an open-ended group endowment and life assurance contract in a separate pre-contractual procedure and that it does not preclude a national provision under which it is sufficient if that information is mentioned in that contract, where provided to that consumer prior to their accession, such as to enable them to make a timely and an informed choice as to the assurance product which best meets their requirements.
4.
Article 36(1) of Directive 2002/83 must be interpreted as not requiring a failure to correctly discharge the obligation to communicate the requisite information referred to in point a(12) of Annex III(A) to that directive to be regarded as entailing the nullity or invalidity of an open-ended group endowment and life assurance contract or the accession declaration thereto and thus confers on the consumer who acceded to that contract the right to the recovery of the assurance premiums paid, to the extent that the national law procedural rules for the exercise of the right to rely on that information obligation are not such as to undermine the effectiveness of that right by dissuading that consumer from exercising it.
5.
Article 7 of Directive 2005/29/EC of the European Parliament and of the Council, of 11 May 2005, concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), must be interpreted as meaning that, for the purposes of that provision, failure to communicate the information referred to in Article 36(1) of Directive 2002/83, read in conjunction with point a(12) of Annex III(A) thereto, to a consumer acceding to an open-ended group endowment and life assurance contract, is likely to constitute a misleading omission.
(1)
OJ C 209, 22.6.2020.
OJ C 304, 14.9.2020.
Judgment of the Court (Grand Chamber) of 22 February 2022 (request for a preliminary ruling from the Rechtbank Rotterdam — Netherlands) — Stichting Rookpreventie Jeugd and Others v Staatssecretaris van Volksgezondheid, Welzijn en Sport (Case C-160/20) (1) (Reference for a preliminary ruling — Directive 2014/40/EU — Manufacture, presentation and sale of tobacco products — Products not complying with the maximum emission levels — Prohibition on placing on the market — Measurement method — Filter cigarettes with small ventilation holes — Measurement of the emissions on the basis of ISO standards — Standards not published in the Official Journal of the European Union — Compliance with the publication requirements laid down in Article 297(1) TFEU read in the light of the principle of legal certainty — Compliance with the principle of transparency) (2022/C 165/03) Language of the case: Dutch Referring court Rechtbank Rotterdam