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Case C-2/25, Helvetia Versicherungen: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 3 January 2025 – Verein für Konsumenteninformation v Helvetia Versicherungen AG
ECLI:EU:UNKNOWN:62025CN0002
62025CN0002
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Official Journal of the European Union
C series
—
C/2025/1634
24.3.2025
(Case C-2/25, Helvetia Versicherungen)
(C/2025/1634)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant on a point of law: Verein für Konsumenteninformation
Defendant and respondent on a point of law: Helvetia Versicherungen AG
Questions referred
Must Article 185(1), Article 185(3)(j), Article 185(5)(c) and Article 186(1) of Directive 2009/138/EC (<span class="oj-super oj-note-tag">1</span>) be interpreted as meaning that the policyholder also has a right of cancellation in the case of a subsequent amendment to a life insurance contract made by separate contract?
If Question 1 is answered in the affirmative: Is the policy holder entitled to a right of cancellation pursuant to Article 186(1) of Directive 2009/138 for any subsequent amendment by separate contract or does the right of cancellation depend on the scope and significance of the contractual amendment for the policy holder?
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) (OJ 2009 L 335, p. 1).
ELI: http://data.europa.eu/eli/C/2025/1634/oj
ISSN 1977-091X (electronic edition)