It remains surprisingly quiet regarding the ruling of the European Court of Justice on Sneller/Das (7 November 2013, EUR C-442/12). In this ruling, the Court determines that an insured person must be able to choose their own lawyer in the context of a judicial or administrative procedure.
The free choice of lawyer cannot be limited to situations in which the insurer decides that an external legal assistance provider must be engaged. The free choice of legal assistance provider (Article 4 Directive 87/344) has a general scope and binding nature.
This ruling has far-reaching consequences for legal assistance providers. After all, an insured person can claim legal assistance from a lawyer or legal aid provider of their own choice based on this ruling. In practice, insurers have so far adhered to internal legal services and, if necessary, refer to law firms with which they have a cooperation. That policy is no longer compatible with the recent judgment of the ECJ. The insured who wants to engage an independent, specialized lawyer or jurist must therefore explicitly invoke this important Sneller/Das ruling.
