Judgment_paragraph 125 · A v O and G.W. and E..S. v A. Towarzystwo Ubezpieczeń Życie S.A (C-143/20)

125In those circumstances, it is thus for the national court to determine whether the legal consequences which the applicable provisions of national law attach to incorrect performance of that information disclosure obligation are regulated in such a way as to ensure the effectiveness of that obligation. In doing so, the national court is required to interpret those provisions as far as possible in the light of the wording and purpose of Directive 2002/83 and, to that end, to assess in particular whether – having regard to the cardinal importance which information about the essential characteristics of the assets underlying a unit-linked contract has in enabling a consumer to make an informed choice of the insurance product which best meets his or her needs and, consequently, in the formation of his or her intention to accede to that contract – the incorrect performance of that information disclosure obligation is liable to vitiate the consumer’s consent to be bound by that contract.

A v O and G.W. and E..S. v A. Towarzystwo Ubezpieczeń Życie S.A (C-143/20)

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