Second Council Directive of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC (88/357/EEC) (repealed)

Article 2 U.K.

For the purposes of this Directive:

(a)

‘first Directive’ means:

Directive 73/239/EEC;

(b)

‘undertaking’:

• for the purposes of applying Titles I and II, means:

  any undertaking which has received official authorization under Article 6 or 23 of the first Directive,

• for the purposes of applying Title III and Title V, means:

  any undertaking which has received official authorization under Article 6 of the first Directive;

(c)

‘establishment’:

means the head office, agency or branch of an undertaking, account being taken of Article 3;

(d)

‘Member State where the risk is situated’ means:

• the Member State in which the property is situated, where the insurance relates either to buildings or to buildings and their contents, in so far as the contents are covered by the same insurance policy,

• the Member State of registration, where the insurance relates to vehicles of any type,

• the Member State where the policy-holder took out the policy in the case of policies of a duration of four months or less covering travel or holiday risks, whatever the class concerned,

• the Member State where the policy-holder has his habitual residence or, if the policy-holder is a legal person, the Member State where the latter's establishment, to which the contract relates, is situated, in all cases not explicitly covered by the foregoing indents;

(e)

‘Member State of establishment’ means:

the Member State in which the establishment covering the risk is situated;

(f)

‘Member State of provision of services’ means:

the Member State in which the risk is situated when it is covered by an establishment situated in another Member State.