CELEX: C2001/289/27
Language: en
Date: 2001-10-13 00:00:00
Title: Case C-298/01: Action brought on 26 July 2001 by the Commission of the European Communities against the Federal Republic of Germany

C 289/14               EN                     Official Journal of the European Communities                                  13.10.2001
Action brought on 26 July 2001 by the Commission of                      The financial supervision of an insurance undertaking pursuant
the European Communities against the Federal Republic                    to Article 13(1), as amended by Article 9 of Directive
                           of Germany                                    92/49/EEC, including that of the business it carries on either
                                                                         through branches or under the freedom to provide services, is
                                                                         the sole responsibility of the home Member State. Conse-
                         (Case C-298/01)                                 quently, the host Member State (in this case Germany) is in
                                                                         particular not entitled to subject insurance undertakings
                                                                         operating under the freedom to provide services or through
                         (2001/C 289/27)                                 branches to requirements which go beyond those linked to the
                                                                         authorisation by the home Member State and encroach
                                                                         upon the competence of that State with regard to financial
                                                                         supervision, for example the requirement to use premiums or
An action against the Federal Republic of Germany was                    parts thereof in a quite specific way.
brought before the Court of Justice of the European Communi-
ties on 26 July 2001 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,          (1) OJ L 228, 11.8.1992, p. 1.
and Christina Tufvesson, Commission Legal Adviser, with an
address for service in Luxembourg at the office of Luis Escobar
Guerrero, of its Legal Service, Wagner Centre, Kirchberg.
The applicant claims that the Court should:
1.    declare that, by adopting and retaining Para-                      Action brought on 26 July 2001 by the Commission of
      graph 257(2a)(5) of the Fifth Book of the Sozialgesetz-            the European Communities against the Grand Duchy of
      buch (Code of Social Law), in the version at BGBl (Federal                                   Luxembourg
      Official Journal) 1999 I, p. 2626, the Federal Republic of
      Germany is failing to fulfil its obligations under the EC                                  (Case C-299/01)
      Treaty and Council Directive 92/49/EEC (1) of 18 June
      1992 on the coordination of laws, regulations and
      administrative provisions relating to direct insurance                                     (2001/C 289/28)
      other than life assurance and amending Directives
      73/239/EEC and 88/357/EEC (third non-life insurance
      Directive), in particular Articles 5, 9(1) and (2) and 54(1)       An action against the Grand Duchy of Luxembourg was
      and (2);                                                           brought before the Court of Justice of the European Communi-
                                                                         ties on 26 July 2001 by the Commission of the European
                                                                         Communities, represented by H. Michard, acting as Agent,
2.    order the defendant to pay the costs.
                                                                         with an address for service in Luxembourg.
                                                                         The applicant claims that the Court should:
Pleas in law and main arguments
                                                                         —     Declare that, by maintaining a condition relating to
                                                                               duration of residence in Luxembourg for the granting of
                                                                               a guaranteed minimum income, the Grand Duchy of
In the Commission’s view, the system chosen by the Federal                     Luxembourg has failed to fulfil its obligations under
Republic of Germany under which an employer’s subsidy                          Article 7(2) of Regulation (EEC) No 1612/68 of the
towards certain employees’ private health insurance is made                    Council of 15 October 1968 on freedom of movement
conditional on the insurance undertaking (i) not engaging in                   for workers within the Community (1) and Article 43 of
health insurance together with other classes of insurance or                   the EC Treaty; and
(ii) using the part of the premiums in respect of which
employees receive a subsidy for health insurance only is                 —     Order the Grand Duchy of Luxembourg to pay the costs.
contrary to the requirement of mutual recognition of con-
ditions of access and to the system of supervision introduced
by Directive 92/49/EEC. The requirements in Para-
graph 257(2a)(5) of the Fifth Book of the Code of Social Law
are designed to replace actual control, under which health               Pleas in law and main arguments
insurance and other classes of insurance were previously
separated, with a provision which in essence retains the
former rule, thus has the same practical consequences and,               The Commission takes the view that entitlement to a guaran-
furthermore, is contrary to the Third Non-Life Insurance                 teed minimum income constitutes a social advantage within
Directive.                                                               the meaning of Article 7(2) of Regulation (EEC) No 1612/68