Request for a preliminary ruling from the Landgericht Erfurt (Germany) lodged on 3 January 2022 – HK v Allianz Lebensversicherungs AG

(Case C-2/22)

Language of the case: German

Referring court

Landgericht Erfurt

Parties to the main proceedings

Applicant: HK

Defendant: Allianz Lebensversicherungs AG

Questions referred

Does EU law, in particular Article 31 of the Third Life Assurance Directive ¹ and Article 15(1) of the Second Life Assurance Directive, ² read where appropriate in the light of Article 38 of the Charter of Fundamental Rights of the European Union, preclude national legislation under which full consumer information is only provided with the insurance policy, that is after the consumer has made an application (‘policy model’)?

If so: Does that of itself substantiate the consumer’s right to object, that is to demand reversal of the insurance contract?

Might the exercise of such a right be prevented by a plea of forfeiture or abuse of rights or is the exercise of that right subject to any other limits, such as time limits?

Is an insurer which provided the consumer with no information or with incorrect information on his or her right to object prohibited from relying on forfeiture, abuse of rights or lapse of time to prevent the exercise of the consumer’s resultant rights, including the right to object?

Is an insurer which provided the consumer with no consumer information or with incorrect consumer information prohibited from relying on forfeiture, abuse of rights or lapse of time to prevent the exercise of the consumer’s resultant rights, including the right to object?

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¹ Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive) (OJ 1992 L 360, p. 1).

¹ Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC (OJ 1990 L 330, p. 50).