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Image header Agence Europe
Europe Daily Bulletin No. 8752
Contents Publication in full By article 35 / 41
GENERAL NEWS / (eu) eu/internal market

Spain will have to defend its position on transfer of insurance portfolios at Court of Justice

Brussels, 20/07/2004 (Agence Europe) - The European Commission has decided to bring Spain before the Court of Justice of the European Communities in connection with its legislation on the transfer of insurance portfolios between operators. Under Spanish law Member States do not give policy-holders the option of cancelling contracts after a transfer of portfolios by distinguishing between the elements involved in the operation that are within the country in question and those (the economic operators, or the operations forming the subject of the transfer) that have a cross-border dimension. After examining the reply by the Spanish authorities to the reasoned opinion sent in December 2003 and taking into account the three insurance directives, the Commission considers that Spain's legislation still constitutes discrimination against non-Spanish insurance companies.

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