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EU agenda in motor insurance Contents Cross-border claims Anti-discrimination Report on issues relating to motor insurance Recast of the Motor Insurance Directives Cross – border claims (1) Background : commitment of the European Commission (EC) in the Rome II Regulation to submit a study on compensation of victims of cross-border accidents before the end of 2008 Analysis of compensation awarded to visiting victims in the various Member States Examination, comparison and evaluation of the application of “lex loci “ with regard to the compensation awards and limitation periods Cross-border claims (2) July 2007 publication of CEPS – study commissioned by the EP Suggestion of four alternative options for the assessment of the personal injury of the victim of a cross-border accident : - application of lex damni – the law of the residence of the victim - common principles for the assessment of damages - full direct compensation by Motor Third Party liability insurer of the victim - creation of a European compensation fund Cross-border claims (3) Questions to be discussed : How is under-compensation defined ? Is there a “problem” of under-compensation ? What about over-compensation? Anti-discrimination in motor insurance the EC considers to propose a Directive on discrimination in access to goods and services based on age, disability, religion an sexual orientation insurance is one service sector the EC looks into collection of data and information on the existence of discrimination in the various sectors assessment of the impact of an EC initiative on relevant service sectors Report on issues relating to motor insurance by the European Commission background : Art. 4 (7) of the Fourth Motor Insurance Directive & amendment in the second hearing of the European Parliament on the Fifth Motor Directive contents : - national penalty provisions and their effectiveness - public awareness and perception of the claims representative system - the effectiveness of the system - inclusion of legal costs in MTPL insurance Report on issues relating to motor insurance Conclusions of the European Commission after public consultation : public awareness of the claims representative system the claims representative system facilitates the quick settlement of cross border claims the penalty provisions are effective in spite of the diversity of penalty provisions in the various Member States no benefits resulting from the inclusion of legal costs in MTPL insurance – voluntary legal expenses insurance covers the risk of incurring legal costs sufficiently Report on issues relating to motor insurance by the European Commission the Internal Market Committee (IMCO) of the European Parliament drafts a reply to the EC’ s report draft report of the rapporteur currently confirms the EC’ s conclusions, but raises the issue of the need for additional consumer information 3 June vote in IMCO 7-10 July vote in Plenary Recast of Motor Insurance Directives publication of draft proposal of a recast of the Motor Insurance Directives aim: simplification and clarification - use of the same legal terms throughout the codification - codification according to the various amendments - no changes substance For more information www.cea.eu CEA aisbl Square de Meeûs 29 B-1000 Brussels