State of the risk
- (a) if the insurance relates to a building or to a building and its contents (so far as the contents are covered by the same policy), the EEA State in which the building is situated;
- (b) if the insurance relates to a vehicle of any type, the EEA State of registration;
- (c) in the case of policies of a duration of four months or less covering travel or holiday risks (whatever the class concerned), the EEA State in which the policyholder took out the policy;
- (d) in a case not covered by (a) to (c):
- (i) if the policyholder is an individual, the EEA State in which he has his habitual residence at the date when the contract is entered into; and411
- (ii) otherwise, the EEA State in which the establishment of the policyholder to which the policy relates is situated at that date.61
(in accordance with paragraph 6(3) of Schedule 12 to the Act (Transfer schemes: certificates)) (in relation to the EEA State in which a risk is situated):
[Note: article 15(1) of the Consolidated Motor Insurance Directive]97 53