Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive)
- No longer in force
- CELEX number: 31992L0049
- Official Journal: JOL_1992_228_R_0001_010
- Form: Directive
- Procedure number: 1990/0291(SYN), 1990/0291/SYN
- Languages:
- bg
- cs
- da
- de
- el
- en
- et
- fi
- fr
- hr
- hu
- it
- lv
- lt
- mt
- nl
- pl
- pt
- ro
- sk
- sl
- es
- sv
Dates
Date of document: - June 18, 1992
- August 11, 1992
- July 2, 1992
- Entry into force - Date notif.
- December 31, 1993
- At the latest See Art 57
- December 31, 2015
- Repealed by 32009L0138 And See 32012L0023 And 32013L0058
Modified by
Corrected by:
- November 14, 1997 - 31992L0049R(01)
- November 14, 1997 - 31992L0049R(02)
- November 14, 1997 - 31992L0049R(03)
Modified by:
- Directive 2008/36/EC of the European Parliament and of the Council of 11 March 2008 amending Council Directive 92/49/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance, as regards the implementing powers conferred on the Commission - detail
- Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (Text with EEA relevance) - detail
- European Parliament and Council Directive 95/26/EC of 29 June 1995 amending Directives 77/780/EEC and 89/646/EEC in the field of credit institutions, Directives 73/239/EEC and 92/49/EEC in the field of non- life insurance, Directives 79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities (Ucits), with a view to reinforcing prudential supervision - detail
- Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector (Text with EEA relevance ) - detail
- Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council - detail
- Directive 2000/64/EC of the European Parliament and of the Council of 7 November 2000 amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards exchange of information with third countries - detail
- Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (Text with EEA relevance) - detail
Modifies
Modifies:
- Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC
- First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance
Affected by case
- Judgment of the Court (Third Chamber) of 27 April 2017. Onix Asigurări SA v Istituto per la Vigilanza Sulle Assicurazioni (IVASS). Request for a preliminary ruling from the Consiglio di Stato. Reference for a preliminary ruling — Directive 73/239/EEC — Directive 92/49/EEC — Principle of single authorisation — Principle of supervision by the home Member State — Article 40(6) — Concept of ‘irregularities’ — Reputation of shareholders — Prohibition on insurance companies established in a Member State concluding new contracts within the territory of another Member State. Case C-559/15.
- A40P6
- Judgment of the Court (Fourth Chamber), 7 March 2013. DKV Belgium SA v Association belge des consommateurs Test-Achats ASBL. Request for a preliminary ruling from the cour d’appel de Bruxelles. Freedom to provide services — Freedom of establishment — Directives 73/239/EEC and 92/49/EEC — Direct insurance other than life assurance — Freedom to set rates — Health insurance contracts not linked to professional activity — Restrictions — Overriding reasons in the public interest. Case C‑577/11.
- A29
- A39P3
- A39P2
- Judgment of the Court of 1 December 1998. Criminal proceedings against André Ambry. Reference for a preliminary ruling: Tribunal de grande instance de Metz - France. Freedom to provide services - Free movement of capital - Provision of financial security - Travel agency arranging the security required to carry on its activities with a credit institution or insurance company established in another Member State. Case C-410/96.
- Judgment of the Court (Fourth Chamber) of 25 June 2015. CO Sociedad de Gestión y Participación SA and Others v De Nederlandsche Bank NV and Others. Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven. Reference for a preliminary ruling — Approximation of laws — Direct insurance other than life assurance — Directive 92/49/EEC — Articles 15, 15a and 15b — Prudential assessment of acquisitions and increases in a qualifying holding — Possibility to attach a restriction or requirement to the approval of a proposed acquisition. Case C-18/14.
- A15TERP1
- A15TERP2
- Judgment of the Court (Third Chamber) of 15 April 2021. The North of England P & I Association Ltd v Bundeszentralamt für Steuern. Request for a preliminary ruling from the Finanzgericht Köln. Reference for a preliminary ruling – Direct insurance other than life assurance – Second Directive 88/357/EEC – Second indent of Article 2(d) – Directive 92/49/EEC – First subparagraph of Article 46(2) – Taxation of insurance premiums – Concept of ‘Member State where the risk is situated’ – Vehicles of any type – Concept of ‘Member State of registration’ – Insurance of sea-going vessels – Ships entered in the shipping register maintained by one Member State but flying the flag of another Member State or of a third State under a temporary flagging-out authorisation. Case C-786/19.
- A46P2L1
- Judgment of the Court of 26 March 1996. José García and others v Mutuelle de Prévoyance Sociale d'Aquitaine and others. Reference for a preliminary ruling: Tribunal des affaires de sécurité sociale du Tarn-et-Garonne - France. Non-life insurance - Council Directive 92/49/EEC - Scope. Case C-238/94.
- A02P2
- Judgment of the Court of 20 April 1999. Försäkringsaktiebolaget Skandia (publ). Reference for a preliminary ruling: Regeringsrätten - Sweden. Insurance Directives 73/239/EEC and 79/267/EEC - Restrictions on choice of assets. Case C-241/97.
- A26
- Case C-559/15: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 3 November 2015 — Onix Asigurari SA v Istituto per la Vigilanza Sulle Assicurazioni (Ivass)
- article 40 paragraph 6
- Case C-786/19: Request for a preliminary ruling from the Finanzgericht Köln (Germany) lodged on 23 October 2019 — The North of England P & I Association Ltd., at the same time acting as legal successor for Marine Shipping Mutual Insurance Company v Bundeszentralamt für Steuern
- article 46 paragraph 2
Legal basis
- TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART FIVE - INSTITUTIONS OF THE COMMUNITY, TITLE I - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER 1: THE INSTITUTIONS, SECTION 2: THE COUNCIL, ARTICLE 149
- TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART TWO - FOUNDATIONS OF THE COMMUNITY, TITLE III - FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL, CHAPTER 2: RIGHT OF ESTABLISHMENT, ARTICLE 57
- TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART TWO - FOUNDATIONS OF THE COMMUNITY, TITLE III - FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL, CHAPTER 3: SERVICES, ARTICLE 66
EuroVoc Vocabulary
- Insurance
- Right of establishment
- Approximation of laws
- Freedom of establishment
- Insurance company
- Freedom to provide services