Search Results for: Directive 73/239

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DKV Belgium Sa v Association Belge Des Consommateurs Test-Achats Asbl: ECJ 7 Mar 2013

ECJ Freedom to provide services – Freedom of establishment – Directives 73/239/EEC and 92/49/EEC – Direct insurance other than life assurance – Freedom to set rates – Health insurance contracts not linked to professional activity – Restrictions – Overriding reasons in the public interest Judges: L. Bay Larsen, P Citations: C-577/11, [2013] EUECJ C-577/11 Links: … Continue reading DKV Belgium Sa v Association Belge Des Consommateurs Test-Achats Asbl: ECJ 7 Mar 2013

Digital Satellite Warranty Cover Ltd v The Financial Services Authority: CA 29 Nov 2011

Parties appealed against on order for the winding up of the company. The Authority (FSA) had said that the company which supplied warranties to owners of digital receiver boxes were providing regulated insurance services, but that the companies were not registered. The warranties were for the repair and supply of parts only, and the company … Continue reading Digital Satellite Warranty Cover Ltd v The Financial Services Authority: CA 29 Nov 2011

Poole and others v Her Majesty’s Treasury: ComC 8 Nov 2006

Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses. Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the directive. That role was for the European Community. The claimants were not those intended … Continue reading Poole and others v Her Majesty’s Treasury: ComC 8 Nov 2006

Card Protection Plan Ltd v Commissioners of Customs and Excise: ECJ 25 Feb 1999

A company procuring insurance purchases for credit card protection was as exempt from VAT as was the insurer. A provision which restricted the ability to claim such exemption to those registered as insurers under national was invalid under European Law: ‘it is for the national court to determine . . whether the transactions . . … Continue reading Card Protection Plan Ltd v Commissioners of Customs and Excise: ECJ 25 Feb 1999

Re Digital Satellite Warranty Cover Ltd and Others: ChD 31 Jan 2011

The Financial Services Authority sought public interest orders for the winding up of three companies selling, it said, extended warranty cover plans without authorisation. The companies said that authorisation was not required, since only services in kind, namely repairs, were provided. Held: The orders were made. Warren J rejected that argument that the services were … Continue reading Re Digital Satellite Warranty Cover Ltd and Others: ChD 31 Jan 2011

Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority: SC 13 Feb 2013

The appellants challenged an order for the dissolution of their company under the 2000 Acts. They had provided warranties for assorted consumer electrical goods which amounted to insurance, but said that they were not required to be registered under the Act since only services in kind were ever provided. Held: The appeal failed. The fact … Continue reading Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority: SC 13 Feb 2013

Jose Garcia and others v Mutuelle de Prevoyance Sociale d’Aquitaine and others: ECJ 26 Mar 1996

ECJ Article 2(2) of Directive 92/49 on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239 and 88/357 is to be interpreted as meaning that social security schemes such as the French statutory social security schemes providing health and maternity insurance for the self-employed … Continue reading Jose Garcia and others v Mutuelle de Prevoyance Sociale d’Aquitaine and others: ECJ 26 Mar 1996