# C_2007096EN.01001002.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/10 |
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28.4.2007

EN

Official Journal of the European Union

C 96/10

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Judgment of the Court (First Chamber) of 19 April 2007 (reference for a preliminary ruling from the High Court of Ireland — Ireland) — Elaine Farrell v Alan Whitty, Minister for the Environment, Ireland, Attorney General, Motor Insurers' Bureau of Ireland (MIBI)

(Case C-356/05) (1)

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(Compulsory insurance for civil liability in respect of motor vehicles - Directives 72/166/EEC, 84/5/EEC and 90/232/EEC - Injuries to the passengers of a vehicle - Part of a vehicle not adapted for the carriage of seated passengers)

(2007/C 96/16)

Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings

Applicant: Elaine Farrell

Applicant:

Defendants: Alan Whitty, Minister for the Environment, Ireland, Attorney General, and Motor Insurers' Bureau of Ireland (MIBI)

Defendants:

Re:

Preliminary ruling — High Court of Ireland — Interpretation of Article 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33) — Persons travelling as passengers in a part of a vehicle which is not intended for the carriage of passengers and is not equipped with seating for that purpose — National legislation which does not make such persons subject to compulsory insurance in the event of an accident

Operative part of the judgment

| 1. | Article 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles is to be interpreted as precluding national legislation whereby compulsory motor vehicle liability insurance does not cover liability in respect of personal injuries to persons travelling in a part of a motor vehicle which has not been designed and constructed with seating accommodation for passengers. |
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1.

Article 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles is to be interpreted as precluding national legislation whereby compulsory motor vehicle liability insurance does not cover liability in respect of personal injuries to persons travelling in a part of a motor vehicle which has not been designed and constructed with seating accommodation for passengers.

| 2. | Article 1 of Third Directive 90/232 satisfies all the conditions necessary for it to produce direct effect and accordingly confers rights upon which individuals may rely directly before the national courts. However, it is for the national court to determine whether that provision may be relied upon against a body such as the Motor Insurers' Bureau of Ireland. |
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2.

Article 1 of Third Directive 90/232 satisfies all the conditions necessary for it to produce direct effect and accordingly confers rights upon which individuals may rely directly before the national courts. However, it is for the national court to determine whether that provision may be relied upon against a body such as the Motor Insurers' Bureau of Ireland.

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(1)  OJ C 315, 10.12.2005.

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