18.5.2013

Official Journal of the European Union

C 141/10

(Case C-51/13)

2013/C 141/17

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Nationale-Nederlanden Levensverzekering Mij NV

Defendant: Hubertus Wilhelmus Van Leeuwen

Questions referred

1.Does European Union law, and in particular Article 31(3) of the Third Life Assurance Directive, preclude an obligation on the part of a life assurance provider on the basis of the ‘open’ and/or unwritten rules of Netherlands law — such as the reasonableness and fairness which govern the (pre-)contractual relationship between a life assurance provider and a prospective policyholder, and/or a general and/or specific duty of care — to provide policyholders with more information on costs and risk premiums of the insurance than was prescribed in 1999 by the provisions of Netherlands law by which the Third Life Assurance Directive was implemented (in particular, Article 12(2)(q) and (r) of the RIAV [(Netherlands Regulation regarding the provision of information to policyholders)] 1998)?

2.Are the consequences, or possible consequences, under Netherlands law, of a failure to provide that information relevant for the purposes of answering question 1?

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 (OJ 1992 L 360, p. 1).