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38 Eur. J.L. & Econ. 1 (2014)

handle is hein.journals/eurjlwec38 and id is 1 raw text is: Eur J Law Econ (2014) 38:1-5 DOI 10.1007/s10657-012-9308-5 Case comment: C-82/10 European Commission v Ireland-judgement of the Court of Justice of the European Union, September 29, 2011 (VHI case) Vadim Mantrov Published online: 10 February 2012 © Springer Science+Business Media, LLC 2012 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 rele- vant 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. Keywords Non-life insurance Supervisory scheme - Directives - VHI JEL Classification K23 - K39 K41 - K42 1 Introduction The common rules concerning the insurance market in the European Union (EU) relate to liberalisation of insurance services within the single internal market covering freedom to provide services and freedom of establishment. These rules V. Mantrov (E) Faculty of Economics and Management, University of Latvia, Aspazijas blvd. 5, Riga 1050, Latvia e-mail: vadims@rozenfelds.lv I_ Springer