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Case C-166/11: Judgment of the Court (Fifth Chamber) of 1 March 2012 (reference for a preliminary ruling from the Audiencia Provincial de Oviedo — Spain) — Ángel Lorenzo González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE (Consumer protection — Contracts negotiated away from business premises — Directive 85/577/EEC — Scope — Not included — Unit-linked insurance contracts)
ECLI:EU:UNKNOWN:62011CA0166
62011CA0166
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21.4.2012
Official Journal of the European Union
C 118/7
(Case C-166/11) (<span class="super">1</span>)
(Consumer protection - Contracts negotiated away from business premises - Directive 85/577/EEC - Scope - Not included - Unit-linked insurance contracts)
2012/C 118/11
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Ángel Lorenzo González Alonso
Defendant: Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE
Re:
Reference for a preliminary ruling — Audiencia Provincial de Oviedo — Interpretation of Article 3(2)(d) of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ 1985 L 372, p. 31) — Contract, concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium invested in various products of the company itself
Operative part of the judgment
A contract concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium to be invested, in varying proportions, in fixed-rate investments, variable-rate investments and financial investment products of the company offering the contract falls outside the scope of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises, in accordance with Article 3(2)(d) thereof.
(<span class="super">1</span>) OJ C 173, 11.6.2011.