Official Journal of the European Union

C 112/18

(Case C-11/17)

(2017/C 112/26)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Thomas Hübner

Defendant: LVM Lebensversicherungs AG

Questions referred

1.Must Point A of Annex II of Council Directive 92/96/EEC (1) of 10 November 1992 [read in conjunction with] the third subparagraph of Article 15(1) [of Directive 90/619/EEC] (2) be interpreted as meaning that a consumer is entitled to cancel a life assurance or pension insurance policy at any time during the entire payment period thereof, if he has paid into the policy for several years on the basis of the contract, unaware of his right of cancellation in relation to that contract owing to the failure of the life assurance or pension insurance undertaking to give proper notice thereof?

2.Does a provision of national law, under which, on grounds of good faith, a consumer’s right of cancellation is considered to be forfeit where a policy holder who was unaware of his right to cancel a contract continues to make payments under that contract until the time when he becomes aware of that right, comply with the above directive?

Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive) (OJ 1992 L 360, p. 1).

Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC (OJ 1990 L 330, p. 50).