11.1.2014

Official Journal of the European Union

C 9/13

(Case C-442/12) (<span class="super">1</span>)

(Legal expenses insurance - Directive 87/344/EEC - Article 4(1) - Insured persons’ freedom to choose a lawyer - Clause in the standard terms and conditions of a contract guaranteeing legal assistance in any inquiry or proceedings by one of the insurer’s employees - Costs relating to legal assistance provided by an external legal adviser reimbursed only where the insurer decides that it is necessary to entrust handling of the case to an external legal adviser)

2014/C 9/18

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Jan Sneller

Defendant: DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV

Re:

Request for a preliminary — Hoge Raad der Nederlanden — Netherlands — Interpretation of Article 4(1) of Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance (OJ 1987 L 185, p. 77) — Insured person’s freedom to choose a lawyer

Operative part of the judgment

1.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 precluding a legal expenses insurer which stipulates in its insurance contracts that legal assistance will in principle be provided by its employees from also providing that the costs of legal assistance provided by a lawyer or legal representative chosen freely by the insured person will be covered only if the insurer takes the view that the handling of the case must be subcontracted to an external lawyer;

2.The answer to question 1 will not differ depending on whether or not legal assistance is compulsory under national law in the inquiry or proceedings concerned.

(<span class="super">1</span>) OJ C 9, 12.1.2013.