CELEX: E2016J0021
Language: en
Date: 2017-10-27 00:00:00
Title: Judgment of the Court of 27 October 2017 in Case E-21/16 — Pascal Nobile v DAS Rechtsschutz-Versicherungs AG (Directive 87/344/EEC — Article 201(1)(a) of Directive 2009/138/EC — Legal expenses insurance — Free choice of lawyer)

22.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 422/9
            
         
      JUDGMENT OF THE COURT
      of 27 October 2017
      in Case E-21/16
      Pascal Nobile v DAS Rechtsschutz-Versicherungs AG
      
         (Directive 87/344/EEC — Article 201(1)(a) of Directive 2009/138/EC — Legal expenses insurance — Free choice of lawyer)
      
      (2018/C 422/07)
      In Case E-21/16, Pascal Nobile v DAS Rechtsschutz-Versicherungs AG – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Court of Appeal (Fürstliches Obergericht) concerning the interpretation of Article 201(1)(a) of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II), the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Benedikt Bogason (ad hoc), Judges, gave judgment on 27 October 2017, the operative part of which is as follows:
      Article 201(1)(a) of Directive 2009/138/EC precludes terms and conditions in a legal expenses insurance contract that release the insurance company from its obligations under the contract if the insured person mandates an attorney to represent his interests, without the consent of the company, at a point in time when the insured person would be entitled to make a claim under the contract.