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THE DRAFT STATUTE IS WITHDRAWN IN 2005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 division between, on the one hand, health mutual insurance companies in charge of compulsory and/or complementary social protection (healthcare, hospitals and social missions of general interest ) and, on the other hand, goods mutual insurances (eg house and car insurance).

Those differences and national discrepancies did not allow for a draft European statute to be proposed collectively.

The Commission could only note this failure of alliances and the frozen situation of the statute within the Council of Ministers, for lack of agreement of the actors .

That is why, it decided on 27 September 2005 to withdraw the statutes of the mutual insurance system and European associations among 60 other texts. The withdrawal provoked a shocked reaction from the mutuals.

A WINDOW OF OPPORTUNITY

Trade associations such as the AISAM (International association of the insurance companies, mutual for the insurers), the ACME (cooperative Association and mutuals insurers for goods insurances) and the AIM (International association of mutual insurance companies for the health mutual insurance companies) went back to work, decided to propose a statute to the Commission. The European Parliament also adopted, on 16 May, 2006, a resolution asking the Commission to take an initiative before the end of the year allowing for the...