Check24 and the EU Court's Insight on Online Insurance Rates Comparison
Online Insurance Comparison Verdict: European Court of Justice Favors Check24 - Online Judgment on Insurance Cost Comparisons: EU Court Rules for Check24
In the heat of a legal battle, the European Court of Justice (ECJ) has weighed in on the matter of Check24's insurance comparison platform, with the Munich I Regional Court set to make the final call. The insurance group Huk-Coburg pitted itself against Check24, challenging the latter's method of assigning grades to various insurance offers.
Taking a step back, the ECJ didn't precisely answer whether a grading or point system aligns with EU law in comparative advertising. Instead, it questioned whether an online comparison service falls under the umbrella of comparative advertising at all. The moniker depends on whether the provider competes with the insurance company, as per the court's assessment.
In this specific scenario, Check24 doesn’t operate as an insurance company but functions as a platform that compares rates and facilitates connections with the respective insurers. This assessment suggests that Check24 and Huk-Coburg may not be direct contenders in the same market. Consequently, the Munich court is tasked with determining whether there's a competitive relationship between the two players.
The ECJ's recent assessment could shape the outcome of the lawsuit, but the regional court must carefully weigh its victory based on EU law principles. The EU's Directive 2006/114/EC sets the standards for comparative advertising, and Check24's practices must meet these criteria to be deemed legitimate. Permissible practices must not be misleading, should compare products factual and verifiable manners, and must not manipulate or deceive consumers [2].
The ball is now in the Munich I Regional Court's court, as they must decide whether Check24's grading system falls within the boundaries of EU comparative advertising law [1].
- Comparative Advertising
- European Court of Justice (ECJ)
- Check24
- Insurance Rates Comparison
- Munich I Regional Court
- EU Directive 2006/114/EC
- The European Court of Justice (ECJ) has raised questions about whether Check24's insurance comparison platform falls under the category of comparative advertising, as it acts as a platform facilitating connections with insurers rather than operating as an insurance company itself.
- The ECJ did not directly address whether a grading system in comparative advertising aligns with EU law, but instead focused on whether an online comparison service like Check24 can be considered comparative advertising based on whether the provider competes with the insurers.
- The EU's Directive 2006/114/EC sets the standards for comparative advertising, and Check24's practices must meet these criteria to be deemed legitimate, ensuring that they are not misleading, compare products in factual and verifiable manners, and do not manipulate or deceive consumers.
- The Munich I Regional Court will now have to decide whether Check24's grading system falls within the boundaries of EU comparative advertising law, as they prepare to make the final call on the lawsuit between Check24 and Huk-Coburg.