CELEX: 62008CA0199
Language: en
Date: 2009-09-10 00:00:00
Title: Case C-199/08: Judgment of the Court (Second Chamber) of 10 September 2009 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Dr. Erhard Eschig v UNIQA Sachversicherung AG (Legal expenses insurance — Directive 87/344/EEC — Article 4(1) — Right of insured persons to choose their own lawyer — Contractual limitation — Multiple insured persons suffering loss as a result of the same event — Selection of the legal representative by the insurer)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/19
            
         Judgment of the Court (Second Chamber) of 10 September 2009 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Dr. Erhard Eschig v UNIQA Sachversicherung AG
   (Case C-199/08) (1)
   
   (Legal expenses insurance - Directive 87/344/EEC - Article 4(1) - Right of insured persons to choose their own lawyer - Contractual limitation - Multiple insured persons suffering loss as a result of the same event - Selection of the legal representative by the insurer)
   2009/C 267/32
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Dr. Erhard Eschig
   
      Defendant: UNIQA Sachversicherung AG
   
      Re:
   
   Reference for a preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Article 4(1), of Council Directive 87/344/EEC on the coordination of the laws, regulations and administrative provisions relating to legal expenses insurance (OJ 1987 L 185, p. 77) — Clause contained in the standard terms and conditions of insurance of a legal expenses insurer enabling it, in the case of an accident in which a large number of insured persons suffer losses as a result of the same event, to choose a legal representative, and thereby limiting the right of the individual insured person to choose his own lawyer (‘mass torts clause’).
   
      Operative part of the judgment
   
   Article 4(1)(a) of Council Directive 87/344/EEC of 22 June 1987 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.
   
      (1)  OJ C 197, 02.08.2008.