# C_2011095EN.01000502.xml

| 26.3.2011 | EN | Official Journal of the European Union | C 95/5 |
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26.3.2011

EN

Official Journal of the European Union

C 95/5

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Reference for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 11 January 2011 — Maria das Dores Meira da Silva v Zurich — Companhia de Seguros SA

(Case C-13/11)

2011/C 95/08

Language of the case: Portuguese

Referring court

Referring court

Tribunal da Relação de Guimarães

Parties to the main proceedings

Parties to the main proceedings

Applicant: Maria das Dores Meira da Silva

Applicant:

Defendant: Zurich — Companhia de Seguros SA

Defendant:

Questions referred

Questions referred

| 1. | In a road-traffic accident involving a motor vehicle and a pedestrian crossing the road, in which the pedestrian suffers personal and material damage, is the exclusion of compensation for such loss where the loss-causing event is due to the conduct of the pedestrian — in accordance with Articles 505 and 570 of the Portuguese Civil Code as interpreted — contrary to Community law and in particular to Articles 3(1) of the First Directive (72/166/EEC), (1) 2(1) of the Second Directive (84/5/EEC) (2) and 1a of the Third Directive (90/232/EEC), (3) inserted by Article 4 of the Fifth Directive (2005/14/EC) (4) (all relating to insurance against civil liability in respect of the use of motor vehicles), in the light of the case-law of the Court of Justice concerning the circumstances in which compensation on the basis of compulsory motor vehicle insurance may be excluded? |
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1.

In a road-traffic accident involving a motor vehicle and a pedestrian crossing the road, in which the pedestrian suffers personal and material damage, is the exclusion of compensation for such loss where the loss-causing event is due to the conduct of the pedestrian — in accordance with Articles 505 and 570 of the Portuguese Civil Code as interpreted — contrary to Community law and in particular to Articles 3(1) of the First Directive (72/166/EEC), (1) 2(1) of the Second Directive (84/5/EEC) (2) and 1a of the Third Directive (90/232/EEC), (3) inserted by Article 4 of the Fifth Directive (2005/14/EC) (4) (all relating to insurance against civil liability in respect of the use of motor vehicles), in the light of the case-law of the Court of Justice concerning the circumstances in which compensation on the basis of compulsory motor vehicle insurance may be excluded?

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| 2. | If the answer is in the affirmative, that is, that such an exclusion of compensation is contrary to Community law, is the interpretation of the abovementioned provisions of Portuguese civil law to the effect that such compensation may be limited or reduced having regard to the fault of the pedestrian, on the one hand, and the risk posed by the motor vehicle, on the other, in causing the accident, consistent with the Community directives referred to? |
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2.

If the answer is in the affirmative, that is, that such an exclusion of compensation is contrary to Community law, is the interpretation of the abovementioned provisions of Portuguese civil law to the effect that such compensation may be limited or reduced having regard to the fault of the pedestrian, on the one hand, and the risk posed by the motor vehicle, on the other, in causing the accident, consistent with the Community directives referred to?

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(1)  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition 1972 (II), p. 360).

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(2)  Second Council Directive 84/5/EEC of 30 December 1983 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 1984 L 8, p. 17).

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(3)  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).

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(4)  Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14).

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