Official Journal of the European Union

C 197/10

(Case C-199/08)

(2008/C 197/16)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Dr. Erhard Eschig

Defendant: UNIQA Sachversicherung AG

Questions referred

1.Is Article 4(1) of Council Directive 87/344/EC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance to be interpreted to the effect that it precludes a clause, contained in the standard terms and conditions of insurance of a legal expenses insurer, which entitles the insurer, in respect of insurance claims concerning losses suffered by a large number of insured persons as a result of the same event (for example the insolvency of an investment services undertaking), to select a legal representative and which thereby restricts the right of the individual insured person to choose his own lawyer (so-called ‘mass torts clause’)?

2.If the first question is answered in the negative: What are the requirements for the existence of a ‘mass tort’ which, in accordance with (or as a complement to) Directive 87/344/EEC, confers on the insurer instead of the insured person the right to select the legal representative?

(1) OJ 1987 L 185, p. 77.