Brussels, 5 June 2008
The European Commission has decided to refer Greece to the European Court of Justice over its failure to implement in national law the Fifth Motor insurance Directive (2005/14/EC) by the agreed date of 11 June 2007. The Commission has also decided to formally request Belgium, France, Greece, Latvia and Romania to implement the Directive on reinsurance (2005/68/EC). These formal requests take the form of "reasoned opinions", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.
Fifth Motor insurance Directive – Greece
The Directive updates and improves the EU legal framework for Motor Insurance by introducing some new rights for policyholders and by upgrading the protection of traffic accident victims. In the absence of adequate implementation of the Directive, road traffic accident victims as well as policyholders will not be able to benefit from their new rights.
Reinsurance Directive – Belgium, France, Greece, Latvia and Romania
The Directive fills a gap in the EU insurance legislation, which in the past did not regulate specialised re-insurers (i.e. re-insurers which do not conduct direct insurance). The lack of an EU regulatory framework for reinsurance resulted in significant differences in the level of supervision of reinsurance undertakings between different EU Member States and a lack of a level playing field. The regulatory framework of the Directive is based on the existing prudential regime of the non-life Insurance Directives and extends to reinsurance undertakings the system of home state control and the single licence principle. The transposition deadline was 10 December 2007.
The latest information on infringement proceedings concerning all Member States can be found at: