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Dr Michał P. Ziemiak
ORCID: 0000-0001-8543-9458

Assistant Professor in the Department of Insurance and Medical Law at the NCU in Toruń and attorney-at-law.

 
DOI: 10.33226/0137-5490.2023.9.5
JEL: K12, K15, K22

The subject of the commentary is an approving analysis of the CJEU judgment of 29 September 2022 in case C-633/20. In the judgment, the CJEU found that in the light of the Insurance Distribution Directive, a legal person which its customers voluntary accession – for certain remuneration – to a group insurance contract is an insurance intermediary, and thus an insurance distributor. The CJEU accepted that the need to protect consumers is equally important in relation to a legal person that encourages customers to join a group insurance contract, which it has concluded with an insurer, and to an insurance intermediary (insurance distributor) whose profit-making activity is aimed at directly concluding insurance contracts. In the author's opinion, the theses included in the judgment require in-depth reflection. The purpose of the gloss is therefore to determine the practical significance of the CJEU ruling in the context of Polish insurance law, which contains certain regulations regarding the possibility of joining a group insurance contract (including article 18 of the Act on Insurance and Reinsurance Activity).

Keywords: insurance intermediary; insurance distributor; group insurance; policyholder
DOI: 10.33226/0137-5490.2020.1.6
JEL: K12, K15

The article deals with a matter of loans granted in the currency Swiss franc against the bacground of the judgment of the CJEU in case C-260/18. The authors summarize the conclusions from the abovementioned judgment, also taking into account national case law. In the specific circumstances of the case, an indexation clause may be considered as an abusive contract term.

The aim of the article is to outline the main problems arising from the judgment, in particular such as consequences of abusiveness, issues related to possible further binding force of the contract, recognition in full as invalid and resulting implications.

Keywords: franc loan; indexation clause; indexed loan; abusive clause; abusive contract term