Preliminary communication
Principles of Insurance Law in the Case Law of the EU Court and its Influence on the Private Law Systems of Member States
Ana Keglević
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The paper analyses the principles of insurance law that arise from the four important verdicts of the Court of the European Union (than: the Court of the European Communities) that with the meaning of a precedent influenced the development and liberalisation of the insurance market, achievement of the freedom of providing services and the development of the private law systems of member states. The paper first provides the legal framework for the decisions of the Court, then the verdicts and opinions of the Court on the individual legal matters are analysed in detail, and finally the conclusions are given on the basic principles of insurance law in the EU and on their influence on the further development of the internal market and the further development of the private law of the member states. Main principles of the uniform implementation and interpretation of the law of the Union in regards to achieving freedom of insurance services are analysed, as well as justifications of their limitations to protect the interests of the insured (mostly consumers) or to protect the general good under condition of non-discriminatory application. Finally the application of mandatory provisions of national law is analysed, as well as the influence of established principles of European insuramce law on the further development of national and supranational law. Principles defined with these verdicts are crucial for interpretation and development of the European insurance law until today.
Keywords
Case-law Court of EU/EC; insurance cases; internal market for insurances; freedom of establishment; freedom to provide services; basic principles of the EU law
Hrčak ID:
100076
URI
Publication date:
28.12.2012.
Visits: 2.207 *