Abstract The article focuses on the renewed discipline of product oversight and governance in insurance law. Specifically, the contribution examines the significance of the value for money principle, which, through acts by the European Insurance and Occupational Pensions Authority (EIOPA), has had a considerable impact on the organization of insurance companies as well as on the policies ultimately distributed. Regarding the structure of the article, the first part addresses the contractual characterization provided by the Court of Justice of the European Union (CJEU) of so-called IBIPs (investment-based insurance products), for which the value for money principle is particularly impactful. The second part of the article focuses on the operation of product oversight and governance and the influence of the value for money principle on it. Finally, the last part of the analysis centers on the relationship between the CJEU’s precedents and their integration into the harmonizing policy conducted by European institutions, which inevitably also affects the field of financial and insurance law.
Read full abstract