Wykładnia pojęcia państwa członkowskiego UE umiejscowienia ryzyka ubezpieczeniowego według rozporządzenia UE Rzym I w świetle orzecznictwa TSUE
The Location of Insurance Risk in a Member State of the European Union under the Rome I Regulation in the Light of CJEU Case Law

Summary/Abstract: The text draws attention to the reasons underlying the solutions adopted in the current regulation of the Rome I Regulation with respect to the law applicable to (direct) insurance contracts. These reasons include the need to reconcile the diverse traditions of insurance market regulation and the necessity to deal with the complexities of the solutions adopted in EU law. The research objective of the study is to assess — taking into account the analysis and interpretation of the concept of risk location in an EU Member State under the Rome I Regulation — whether the current legal situation requires changes for the benefit of the service recipient (the policyholder, but also the insured). The basic thesis is that the current complexity, which is mainly the result of the evolution of the acquis communautaire, causes perturbations in the practice of applying European private international law. The importance of the three generations of insurance directives is also emphasized, which has historically resulted in discrepancies in the interpretation of the concept of the location of insurance risk as a connecting factor. The Solvency II Directive and the conclusions drawn from CJEU case law (including the relevant opinions of the Advocates General) are of significant importance. In addition, it was assumed that the concept of risk location is not only relevant to conflict of laws, but also functions in public law, e.g. in solutions relating to the taxation of insurers. In summary, it was confirmed that such uniformity and linking this connecting factor solely to the policyholder as a party to the contract, may not necessarily be beneficial in practice, both in relation to private and public insurance law. The text also emphasizes that the key issue, albeit one that goes beyond the scope of the article, is the conceptual nature of risk itself, both in conflict of laws and substantive law.

• Details
• Contents