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38 Eur. J.L. & Econ. 1 (2014)

handle is hein.journals/eurjlwec38 and id is 1 raw text is: Eur J Law Econ (2014) 38:1-5
DOI 10.1007/s10657-012-9308-5
Case comment: C-82/10 European Commission v
Ireland-judgement of the Court of Justice
of the European Union, September 29, 2011 (VHI case)
Vadim Mantrov
Published online: 10 February 2012
© Springer Science+Business Media, LLC 2012
Abstract This article is the case comment on the recent judgement (September 29,
2011) of the Court of Justice of the European Union in the case No C-82/10
concerning non-life insurance. This case was initiated by the European Commission
against Ireland for failure to fulfil its obligations by not covering the Voluntary
Health Insurance Board by insurance supervisory scheme as provided for by rele-
vant Directives. The above insurance institution which is the main health insurer in
Ireland enjoys exemption from the supervisory scheme envisaged by relevant
Directives. Ireland may maintain this exemption if its capacity is not amended;
otherwise the above institution must be covered by the insurance supervisory
scheme. This article provides a brief summary of facts and court conclusions
alongside with relevant comments on the impact of this judgement. The author has
commented both legal and economic aspect of this case paying particular attention
to the role of this judgement in the development of the insurance supervisory
scheme in the European Union law.
Keywords Non-life insurance   Supervisory scheme - Directives - VHI
JEL Classification  K23 - K39  K41 - K42
1 Introduction
The common rules concerning the insurance market in the European Union (EU)
relate to liberalisation of insurance services within the single internal market
covering freedom to provide services and freedom of establishment. These rules
V. Mantrov (E)
Faculty of Economics and Management, University of Latvia,
Aspazijas blvd. 5, Riga 1050, Latvia
e-mail: vadims@rozenfelds.lv

I_ Springer

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