Admission of Revision: Preclusion of Preliminary Ruling on EU Directive-Compliant Policy Model and Estoppel (Treu und Glauben) in Insurance Disputes

The German Federal Court of Justice dismissed the plaintiff's complaint against the non-admission of the appeal on points of law, upholding the Oberlandesgericht München's decision and ordering the plaintiff to bear the costs of the proceedings. The dispute concerned an insurance claim where the plaintiff argued that the insurer's policy model was not EU directive-compliant and that the insurer’s reliance on a prohibition based on estoppel (Treu und Glauben) required a preliminary ruling from the Court of Justice of the European Union. The court held that the compliance of the policy model was not determinative for the outcome and that no preliminary reference was necessary regarding the estoppel defense, citing recent precedent. The court found that the case lacked fundamental significance, nor did it require further legal development or the assurance of uniform case law under § 543 ZPO, and thus refused to admit the revision.