Court of Justice 24 March 2022, C-633/20 (Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband eV v TC Medical Air Ambulance Agency GmbH.)

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Advocate General Szpunar opines that an undertaking which, as policyholder, maintains a group insurance policy for its customers, distributes memberships entitling those customers to claim insurance benefits, and receives remuneration for the insurance cover provided, may constitute an 'insurance intermediary' within the meaning of Article 2(3) and (5) of Directive 2002/92/EC and Article 2(1)(1), (3) and (8) of Directive 2016/97/EU. The Opinion argues that individual and voluntary enrolment in group insurance, where enrolees indirectly finance the insurance premium, is functionally equivalent to the conclusion of an insurance contract for the purposes of the definitions of 'insurance mediation' and 'insurance distribution', and that classification as 'policyholder' under national insurance law does not automatically preclude a group organiser from being regarded as an 'insurance intermediary' under those directives. This interpretation is supported by systemic and teleological analysis of both directives, in particular the objectives of consumer protection and equal treatment of all categories of insurance intermediaries.AI