4.2.2012

Official Journal of the European Union

C 32/14

(Case C-577/11)

2012/C 32/25

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: DKV Belgium

Defendant: Association belge des consommateurs Test-Achats ASBL

Question referred

Should [the second paragraph of] Article 29 and Article 39(3) of Directive 92/49/EEC, [the third subparagraph of] Article 8(3) of Directive 73/239/EEC, and Articles 49 and 56 TFEU be interpreted as prohibiting the Member States from providing, with regard to health insurance contracts not linked to professional activity, provisions under which the premium, the excess payable and the benefit can be adapted, on the annual date of the premium, only:

on the basis of the consumer price index;

on the basis of one or more specific indices, to the costs of the services covered by private health insurance contracts [known as a ‘medical index’], if and in so far as the changes in that or those indices exceed that in the consumer price index;

with authorisation from an administrative authority, responsible for the supervision of insurance undertakings, upon a request of the insurance undertaking concerned, where that authority finds that the application of the premium rate of that undertaking, notwithstanding the adaptations calculated on the basis of the indices referred to in the paragraphs above, gives rise to, or is likely to give rise to losses, thereby enabling it to take measures in order to balance its premium rates, which may include an amendment to the conditions of cover?

Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ 1992 L 228, p. 1).

First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3).