Verdict
Notes for insurance – ECJ strengthens Check24 the back
Comparison portals such as Check24 can give consumers an overview. But can you also evaluate complicated insurance with grades? Now there is a judgment – and open questions.
Motor insurance companies, cruises, burials: Consumers can find out more about a wealth of goods and services on comparison portals. The pages promise a quick overview of what there is and what is good – even with complicated topics such as insurance. But can you also distribute grades and points?
In a procedure against Check24, the European Court of Justice initially strengthened its back on the comparison portal, but the case has not yet been clarified. The ball is now back at the Munich I. District Court
Complicated insurance, simple reviews
The controversial grading system evaluates the various insurance companies with grades from 1.0 to 4.0, which is intended to provide consumers an overview of the policies. However, the insurer HUK-Coburg sees this an inadmissible comparative advertising and complained of omission and compensation. The lawsuit was directed against several companies in the comparison portal Check24.
Insurance are too complex to get their services into a grade, argues the HUK-Coburg. The assessment is therefore a pure valuable judgment and inadmissible. The district court of Munich I, dealt with the case, wanted to know from the ECJ whether such comparisons could be permitted if they are in the form of grades or points. Other comparison portals also use such reviews – a final judgment could have consequences for the entire industry.
Inadmissible advertising? Judge report doubts
The responsible district court must now clarify whether the offer of Check24 could be a “comparative advertisement” in the sense of EU law, judged the judges at the ECJ. According to them, this can only be the case if Check24 and HUK-Coburg are competitors, i.e. they vomit customers in the same market.
This determination must come from the district court. However, the Luxembourg judges showed doubts because the HUK-Coburg provides insurance, while Check24 only compare them and convey them.
Both HUK-Coburg and Check24 did not want to comment on the procedure.
Consumer advocates: comparison portals are not independent
Comparison portals have a market power: If you don’t appear with you, you tend to have worse chances. From a legal point of view, they appear as a broker in the business with insurance companies. If a customer completes a policy over your portal, you collect a commission of the insurer. So it is “usually” at Check24, the company writes.
Sandra Klug, insurance expert at the Hamburg Consumer Center, said that consumers should not believe that a comparison portal gives a complete overview of the offer. “It is neither independent nor complete.”
Not the first legal dispute of this kind
According to clever, the portals suggest that the conclusion of the contract is easy. The consumers felt in good hands, although there would have been further advisory requirements. “There are considerable dangers in complex insurance.”
In an earlier judgment, the Frankfurt Regional Court found that Check24 had not even covered half of the market for private liability insurance. Accordingly, the portal only checked the tariffs of 38 of the 89 insurance. According to the consumer advice center, it was only a company that would pay for a contract with commission.
dpa
Source: Stern
