Newsletter

Insurance in France: Liability of a foreign Insurance company acting in FOS for the acts of their locally appointed claim handlers and representatives

Insurance acting in FOS (Freedom of Service) under the (Directive 2016/97 of 20 January 2016 on insurance distribution)are subject to the control of the authorities of their country of origin,…

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Insurance and jurisdiction clauses : How insurers can validly choose to litigate outside imposed forums ?

Insurers are often imposed by local procedural regulation to litigate in certain forum. This is in particular the case when the insurance is contracted by consumers : in order to protect…

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The ECJ judges that BIT are not applicable between EU States (Achmea, 6 March 2018)

In an important judgment dated 6 March 2018, the ECJ has ruled on an eagerly awaited issue. The difficulty came from claims under bilateral investment protection treaties brought by investors…

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BREXIT: the end of “European passport” for UK companies ?

BREXIT is not a meaningless word: it also means “exit” for British companies, which will not benefit from the “passport” enabling them to sell goods and services in the EU…

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BREXIT: the announced end of “passporting” in the insurance and insurance broking sector

“Passporting“, provided for by the Directive 2009/138, enables insurance companies, once authorized by their regulator of origin, to conclude policies in any European country. The passport is “the faculty for…

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Headquarters, fictivity and fraud

The French case law regarding company private international law is “overcome by doubt”. The judgments Artifax Trading (Commercial Chamber, 21 October 2014) and Protesic (Criminal Chamber, 25 June 2014), commented…

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