87Second, in the context of the procedure whereby the consumer accedes to such a contract, the undertaking that is the policy holder acts as an ‘insurance intermediary’ within the meaning of Article 2(5) of Directive 2002/92, read in the light of recitals 9 and 11 thereof, and is subject, in that capacity, to the rules laid down by that directive, in accordance with Article 1(1) and (2)(b) thereof.
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