Legal briefing

The improper policyholder and the Judgment of the Court of Justice of the European Union of 29 September 2022


In this Legal Briefing, we analyse the position of the improper policyholder in relation to the recent decision of the CJEU in its judgment of 29 September 2022

In a previous legal briefing from our team, we examined the position of the “improper policyholder”, the approach of Spanish legislation – Law 50/1980, of 8 October 1980, on Insurance Contracts (“LCS”) and the attempts to reform it – and the stance of the Spanish regulator, the Directorate General of Insurance and Pension Funds (DGSFP), regarding this particular scenario where the policyholder, usually a legal entity, takes out a group insurance policy on behalf of others, with the insured being a group defined by a common characteristic, such as employment in a company, membership of a professional association or clients of the policyholder itself.

The entire content of the Legal Briefing can be found in the PDF.

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