Case comment: C-82/10 European Commission v Ireland—judgement of the Court of Justice of the European Union, September 29, 2011 (VHI case)

Abstract

This article is the case comment on the recent judgement (September 29, 2011) of the Court of Justice of the European Union in the case No C-82/10 concerning non-life insurance. This case was initiated by the European Commission against Ireland for failure to fulfil its obligations by not covering the Voluntary Health Insurance Board by insurance supervisory scheme as provided for by relevant Directives. The above insurance institution which is the main health insurer in Ireland enjoys exemption from the supervisory scheme envisaged by relevant Directives. Ireland may maintain this exemption if its capacity is not amended; otherwise the above institution must be covered by the insurance supervisory scheme. This article provides a brief summary of facts and court conclusions alongside with relevant comments on the impact of this judgement. The author has commented both legal and economic aspect of this case paying particular attention to the role of this judgement in the development of the insurance supervisory scheme in the European Union law.