OPINION : A STATUTE FOR MUTUAL INSURANCE FIRMS: TOWARDS EU RECOGNITION?

• Position: European Union - Critical essay

In July 2003, the Council of Ministers adopted the European statute of the co-operative, allowing this economic form to develop at the European level without obstacles and without having to choose the statute of European limited company.

This adoption opened the door to the statute of European association and a European mutual insurance system. However, more than six years after the adoption of the European company statute, no discussions are taking place. On the contrary, the European Commission decided in September 2005 to withdraw these two proposals within the framework of its better regulation' approach. What are the elements that led to this withdrawal? What are the chances of the European mutuality statute being revived?

THE DRAFT STATUTE IS WITHDRAWN IN 2005

Why did the co-operatives succeed in obtaining a European statute and not mutual insurance companies? The diversity of forms of mutual insurance companies in Europe or the fact that they are not that present in all the member states are not the only answers. Indeed, there is also a multitude form of co-operative in Europe.

At the mutual insurance companies level, there is a...