CONFERENCE
The case addresses the interaction between insurance law and consumer protection law, focusing on whether an insured consumer has the right to challenge the unfairness of a group insurance contract clause concerning insured risk. From an EU law perspective, such a clause cannot be assessed for unfairness if it is written in a “clear and comprehensible language.” However, in this case, the contract terms were not accessible to the consumer, meaning they were not “comprehensible,” as clarity requires accessibility. This ruling resolves previous uncertainties by affirming that such a clause can be considered unfair.
The commentary evaluates the ECJ ruling in the broader context of EU law and its impact on insurance practices.
The publication is available in open access.
The European Journal of Risk Regulation is indexed in the Scopus database’s first quartile (Q1) in law (ranking in the top 5% of journals worldwide) and is one of the leading journals in risk research and EU law.
 ruling in the Ocidental case (ECJ Case C-263/22, available [here]), has been published in the European Journal of Risk Regulation.
){kind=link}