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Case C-633/20: Judgment of the Court (First Chamber) of 29 September 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v TC Medical Air Ambulance Agency GmbH (Reference for a preliminary ruling — Freedom of establishment and freedom to provide services — Single market in insurance — Directive 2002/92/EC — Definition of ‘insurance intermediary’ — Activity of ‘insurance mediation’ — Directive (EU) 2016/97 — Activity of ‘distribution of insurance’ — Scope of those directives — Membership of a group insurance policy — Assignment of rights under the insurance contract — Insurance benefits in the event of sickness or accident abroad — Remuneration paid by the member in consideration for the insurance cover acquired — Consumer protection — Equal treatment of insurance intermediaries)
ECLI:EU:UNKNOWN:62020CA0633
62020CA0633
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14.11.2022
Official Journal of the European Union
C 432/3
(Case C-633/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Freedom of establishment and freedom to provide services - Single market in insurance - Directive 2002/92/EC - Definition of ‘insurance intermediary’ - Activity of ‘insurance mediation’ - Directive (EU) 2016/97 - Activity of ‘distribution of insurance’ - Scope of those directives - Membership of a group insurance policy - Assignment of rights under the insurance contract - Insurance benefits in the event of sickness or accident abroad - Remuneration paid by the member in consideration for the insurance cover acquired - Consumer protection - Equal treatment of insurance intermediaries)
(2022/C 432/03)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV
Defendant: TC Medical Air Ambulance Agency GmbH
Operative part of the judgment
Article 2(3) and (5) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, as amended by Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014, and of Article 2(1)(1), (3) and (8) of Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016, on the distribution of insurance, as amended by Directive (EU) 2018/411 of the European Parliament and of the Council of 14 March 2018,
must be interpreted as meaning that the concept of ‘insurance intermediary’ and, therefore, that of ‘insurance distributor’, within the meaning of those provisions, covers a legal person whose activity consists in offering its customers membership on a voluntary basis, in return for payment which it receives from them, of a group insurance policy to which it has subscribed previously with an insurance company, where that membership entitles those customers to insurance benefits in the event, in particular, of sickness or accident abroad.
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Language of the case: German