# C_2008263EN.01000401.xml

| 16.10.2008 | EN | Official Journal of the European Union | C 263/4 |
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16.10.2008

EN

Official Journal of the European Union

C 263/4

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 20 June 2008

in Case E-8/07 between:

Celina Nguyen and The Norwegian State, represented by Justis- og politidepartementet (the Ministry of Justice and the Police)

(Compulsory insurance for civil liability in respect of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Compensation for non-economic injury — Conditions for State liability — Sufficiently serious breach)

(Compulsory insurance for civil liability in respect of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Compensation for non-economic injury — Conditions for State liability — Sufficiently serious breach)

(2008/C 263/04)

In Case E-8/07 between Celina Nguyen and the Norwegian State, represented by Justis- og politidepartementet (the Ministry of Justice and the Police) — Request to the Court by Oslo tingrett (Oslo District Court), concerning the interpretation of the EEA Agreement, with particular reference to the following Acts referred to in Annex IX:

| — | the Act referred to in point 8 of Annex IX (Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of the 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, hereinafter the ‘First Motor Vehicle Insurance Directive’), |
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the Act referred to in point 8 of Annex IX (Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of the 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, hereinafter the ‘First Motor Vehicle Insurance Directive’),

| — | the Act referred in point 9 of Annex IX (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, hereinafter the ‘Second Motor Vehicle Insurance Directive’), |
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the Act referred in point 9 of Annex IX (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, hereinafter the ‘Second Motor Vehicle Insurance Directive’),

| — | the Act referred to in point 10 of Annex IX (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, hereinafter the ‘Third Motor Vehicle Insurance Directive’), |
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the Act referred to in point 10 of Annex IX (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, hereinafter the ‘Third Motor Vehicle Insurance Directive’),

the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson, Judge-Rapporteur and Ola Mestad (ad hoc), Judge, gave judgment on 20 June 2008, the operative part of which is as follows:

ad hoc

| 1. | it is not compatible with the First, Second and Third Motor Vehicle Insurance Directives to except redress for non-economic injury (‘pain and suffering’), which is a form of civil liability, from the compulsory insurance system under national law; |
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1.

it is not compatible with the First, Second and Third Motor Vehicle Insurance Directives to except redress for non-economic injury (‘pain and suffering’), which is a form of civil liability, from the compulsory insurance system under national law;

it is not compatible with the First, Second and Third Motor Vehicle Insurance Directives to except redress for non-economic injury (‘pain and suffering’), which is a form of civil liability, from the compulsory insurance system under national law;

| 2. | excepting redress for non-economic injury (‘pain and suffering’), which is a form of civil liability, from compulsory insurance coverage under national law constitutes a sufficiently serious breach of EEA law to be able to entail State liability. |
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2.

excepting redress for non-economic injury (‘pain and suffering’), which is a form of civil liability, from compulsory insurance coverage under national law constitutes a sufficiently serious breach of EEA law to be able to entail State liability.

excepting redress for non-economic injury (‘pain and suffering’), which is a form of civil liability, from compulsory insurance coverage under national law constitutes a sufficiently serious breach of EEA law to be able to entail State liability.

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