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New version applies from 13/04/2005 — introduced by Directive 2005/1/EC. 48 provisions change. Later versions: 10/12/2005, 01/01/2007. Article 22 changes in this version: compare with the current text.

Article 22

Article 22

1.The authorization granted by the competent authority of the Member State in whose territory the head office is situated may be withdrawn by such authority if the undertaking: (a) No longer fulfils the conditions of admission; (b) Has been unable, within the time allowed, to take the measures contained in the restoration plan or finance scheme referred to in Article 20; (c) Fails seriously in its obligations under the national regulations. In the event of the withdrawal of the authorization, the supervisory authority of the head-office country shall notify such withdrawal to the supervisory authorities of other Member States which have issued an authorization to the undertaking ; they shall, thereupon, also withdraw their authorizations. The supervisory authority of the head-office country shall, in conjunction with such other authorities, take all necessary measures to safeguard the interests of the insured and, in particular, shall restrict the free disposal of the assets of the undertaking if such restriction has not been already imposed in accordance with the provisions of Article 20 (1) and (3), subparagraph 2.

2.An authorization granted to an agency or branch of an undertaking whose head office is situated in another Member State may be withdrawn if the agency or branch: (a) No longer fulfils the conditions for admission; (b) Fails seriously in its obligations under the regulations of the country where it carries on its business, with respect in particular to the establishment of technical reserves as defined in Article 15. Before withdrawing the authorization the supervisory authorities of the country where business is carried on shall consult the supervisory authority of the country where the head office is situated. If they deem it necessary to suspend the business of such agency or branch before consultation is concluded, they shall immediately advise the supervisory authority of the country where the head office is situated.

3.Any decision to withdraw an authorization or suspend business shall be supported by precise reasons and notified to the undertaking in question. Each Member State shall make provision for a right to apply to the courts against such a decision.

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