Towards a limitation of the non-discrimination principle: does the CJEU change course regarding the extensive interpretation of the EU law? The PIP case – Discussants: Agata Serranò, Paolo Fernandes

The work analyses the preliminary ruling C-581/18 issued by the Higher
Regional Court of Frankfurt and the opinion recently delivered by the Advocate General (“AG”). The referring court questions the compatibility of acts of private autonomy with the non-discrimination principle set forth in Art. 18 TFEU. The case concerns an insurance contract containing a territorial clause that limits the compensation for damages to the sole claims raised within the territory of that Member State alone (France).
The AG maintains that, there being no specific provision of secondary law, the non-discrimination principle could not be interpreted extensively so as to prevail over every clause regulated by the domestic law. Should the CJEU follow his Opinion, a clear inversion would occur with respect to its consolidated case-law aimed at reaffirming the EU’s monopoly in the
guarantee of the fundamental freedoms.