CELEX: 62008CN0199
Language: en
Date: 2008-05-15 00:00:00
Title: Case C-199/08: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 May 2008 — Dr. Erhard Eschig v UNIQA Sachversicherung AG

2.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 197/10
            
         Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 May 2008 — Dr. Erhard Eschig v UNIQA Sachversicherung AG
   (Case C-199/08)
   (2008/C 197/16)
   Language of the case: German
   Referring court
   Oberster Gerichtshof
   Parties to the main proceedings
   
      Applicant: Dr. Erhard Eschig
   
      Defendant: UNIQA Sachversicherung AG
   Questions referred
   
               1.
            
            
               Is Article 4(1) of Council Directive 87/344/EC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance (1) to be interpreted to the effect that it precludes a clause, contained in the standard terms and conditions of insurance of a legal expenses insurer, which entitles the insurer, in respect of insurance claims concerning losses suffered by a large number of insured persons as a result of the same event (for example the insolvency of an investment services undertaking), to select a legal representative and which thereby restricts the right of the individual insured person to choose his own lawyer (so-called ‘mass torts clause’)?
            
         
               2.
            
            
               If the first question is answered in the negative:
               What are the requirements for the existence of a ‘mass tort’ which, in accordance with (or as a complement to) Directive 87/344/EEC, confers on the insurer instead of the insured person the right to select the legal representative?
            
         
      (1)  OJ 1987 L 185, p. 77.