Gonzalez Alonso (Consumer protection) [2012] EUECJ C-166/11 (01 March 2012)

Gonzalez Alonso (Consumer protection) [2012] EUECJ C-166/11 (01 March 2012)

A contract concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium to be invested in various financial products, falls outside the scope of Directive 85/577/EEC in accordance with Article 3(2)(d), as it is an insurance contract within the meaning of the directive.

Citation
[2012] EUECJ C-166/11
Parties
Applicant: Ángel Lorenzo González Alonso; Respondent: Nationale Nederlanden Vida Cia de Seguros y Reaseguros SAE
Jurisdiction
European Union
Judgment Date
01 March 2012
Procedural Posture
Reference for a Preliminary Ruling / Preliminary Ruling Before the Court of Justice of the European Union
Outcome
Reference answered; unit-linked life assurance contracts concluded away from business premises are excluded from Directive 85/577/EEC under Article 3(2)(d).
Legal Topics
Interpretation of Directive 85/577/eec, Scope of Insurance Contract Exclusion, Unit Linked Insurance Products, Consumer Cancellation Rights
European Union Law Consumer Protection Law Insurance Law Interpretation of Directive 85/577/eec Scope of Insurance Contract Exclusion Unit Linked Insurance Products Consumer Cancellation Rights

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Parties

Ángel Lorenzo González Alonso

Applicant

Nationale Nederlanden Vida Cia de Seguros y Reaseguros SAE

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Preliminary Ruling Before the Court of Justice of the European Union

Legal Issues

  1. 1 Whether a unit-linked life assurance contract concluded away from business premises falls within the scope of Directive 85/577/EEC, Article 3(2)(d)
  2. 2 Whether such contracts are excluded as 'insurance contracts' under EU law

Ratio Decidendi

A contract concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium to be invested in various financial products, falls outside the scope of Directive 85/577/EEC in accordance with Article 3(2)(d), as it is an insurance contract within the meaning of the directive.

Court Disposition

Reference answered; unit-linked life assurance contracts concluded away from business premises are excluded from Directive 85/577/EEC under Article 3(2)(d).

Orders

  • A contract concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium to be invested in fixed-rate, variable-rate, and company financial investment products, falls outside the scope of Council Directive 85/577/EEC, in accordance with Article 3(2)(d).