2.8.2008
EN
Official Journal of the European Union
C 197/10
Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 May 2008 — Dr. Erhard Eschig v UNIQA Sachversicherung AG
(Case C-199/08)
(2008/C 197/16)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant: Dr. Erhard Eschig
Defendant: UNIQA Sachversicherung AG
Questions referred
1.
Is Article 4(1) of Council Directive 87/344/EC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance (1) to be interpreted to the effect that it precludes a clause, contained in the standard terms and conditions of insurance of a legal expenses insurer, which entitles the insurer, in respect of insurance claims concerning losses suffered by a large number of insured persons as a result of the same event (for example the insolvency of an investment services undertaking), to select a legal representative and which thereby restricts the right of the individual insured person to choose his own lawyer (so-called ‘mass torts clause’)?
2.
If the first question is answered in the negative:
What are the requirements for the existence of a ‘mass tort’ which, in accordance with (or as a complement to) Directive 87/344/EEC, confers on the insurer instead of the insured person the right to select the legal representative?
(1) OJ 1987 L 185, p. 77.
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