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 in non-agricultural trades, old-age insurance for those in skilled manual trades and old-age insurance for those in industrial and commercial trades are excluded from the scope of Directive 92/49. That provision quite clearly excludes from the scope of the directive not merely social security organizations but also the types of insurance and operations which they provide in that capacity. Furthermore, the Member States retain their powers to organize their social security systems and thus to set up compulsory schemes based on the principle of solidarity, which would be unable to survive if the directive were to be applied to them, removing the obligation to contribute.
Citations:
C-238/94, [1996] EUECJ C-238/94
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Statutes:
European
Updated: 03 June 2022; Ref: scu.161418