Recital 11

(11) Directive 2009/138/EC does not apply to an assistance activity where the conditions of Article 6(1) of that Directive are fulfilled. The first condition states that the assistance is to be related to accidents or breakdowns involving a road vehicle which occur in the territory of the Member State of the undertaking providing cover. That provision could imply that a requirement of authorisation as insurer would apply to providers of assistance of road vehicles in the event of an accident or breakdown that occurs just across the border and could unduly disrupt assistance. For this reason, it is appropriate to review that condition. Therefore, the condition under Article 6(1), point (a), of Directive 2009/138/EC should be extended to accidents or breakdowns involving a road vehicle that might occur occasionally in a neighbouring country of the Member State of the undertaking providing cover.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.