Rolling the Dice on Insurance Rates: ECJ Dominoes in Favor of Check24
Online insurance rate comparison: ECJ side with Check24 decision - Online Insurance Rates Analysis: ECJ Sides with Check24 in Decision
Hey there! Let's dive into the juicy world of insurance rates and see how the European Court of Justice (ECJ) has given the green light to an online comparison service called Check24 to shake things up in the insurance market.
It all started when the Munich Regional Court I got tangled up in a dispute between Check24 and an insurance group named Huk-Coburg. Seems that Check24, which compares insurance offers based on various criteria and even assigns grades, was under fire for using a grading system that Huk-Coburg called an impermissible comparative advertisement. But not so fast!
You see, under EU law, comparative advertising is A-OK as long as it meets some conditions. The Munich court, seeing a bit of a grey area here, stayed the proceedings and asked the ECJ whether these conditions can be met in a grading or points system. Instead of answering the question directly, the ECJ took a step back and asked itself a more fundamental question: is an online comparison service, such as Check24, considered comparative advertising in the first place?
To answer that question, we need to look at the competitive relationship between Check24 and Huk-Coburg. According to the ECJ, before making a call, the Munich court must decide whether Check24 and Huk-Coburg operate in the same market - whether their respective services offered are interchangeable.
The ECJ has already weighed in on their relationship. It noted that while Check24 isn't an insurance company, it compares insurance rates and acts as a broker, connecting consumers with insurers. In the world of insurance, this means that the two companies are not active in the same service market, according to the ECJ.
So, the ball is back in the Munich court's court. They must now decide the specific lawsuit, all while keeping the ECJ's assessment in mind. Stay tuned for more twists and turns in the insurance world!
- ECJ
- Check24
- Insurance Rate
- Comparison
- Luxembourg
- Munich Regional Court I
- EU
[1] https://curia.europa.eu/juris/liste.jsf?organe=1&Language=1&natureJuridique=C&texte=&typeDecision=C&texteStatutaire=[]&yearFrom=&yearTo=&domaineJuridique=&numAffaire=&reneweJuris=&recherche=1&recherchebasic=Check24&sortePar=TITRE[2] https://curia.europa.eu/juris/document/document.jsf?text=&docid=192129&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=9565539
- Under European Union (EU) law, comparative advertising, which Check24 employs in its online comparison service, is generally acceptable as long as certain conditions are met.
- The European Court of Justice (ECJ) is currently evaluating whether Check24's grading system in its insurance comparison service constitutes comparative advertising.
- However, before assessing the specifics of Check24's grading system, the ECJ first questions whether Check24, an online insurance comparison service, can be considered comparative advertising in the first place.
- The ECJ's assessment suggests that Check24 does not operate in the same market as insurers, as it acts as a broker connecting consumers with insurers, and therefore their competitive relationship may not qualify as comparative advertising.
