Prawo do swobodnego wyboru prawnika (pełnomocnika) przez ubezpieczającego w postępowaniu mediacyjnym – uwagi na tle wyroku Trybunału Sprawiedliwości z 14 maja 2020 r. w sprawie C‐667/18
Insured person’s right freely to choose a lawyer in mediation proceedings – comments on the judgment of the Court of Justice of may 14, 2020 in case C‐667/18

Summary/Abstract: The purpose of this article is to present the most important theses of the judgment of the Court of Justice of May 14, 2020 (case number: C-667/18) on the freedom to choose a lawyer in mediation proceedings, as well as to relate these conclusions to the relevant legal regulations in Poland. The Court of Justice, similarly to the previous judgments, which was based on the legal protection insurance contract, applied a broad interpretation of the terms used in individual provisions of the Solvency II Directive, referring to the need to guarantee the interests of the insured. As a result of such an interpretation, the EU court ruled that the mediation procedure falls within the scope of the concept of “proceed- ings”, and therefore the insured is also entitled to freely choose a lawyer in such a dispute settlement procedure. The article also presents an assessment of the provision of article 27 section 3 of the Act on Insurance and Reinsurance Activity, which guarantees in the Polish legal system the discussed form of free choice of a lawyer, together with de lege ferenda conclusions based on the commented case-law of the Luxembourg court.

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