# C_2012098EN.01001401.xml

| 31.3.2012 | EN | Official Journal of the European Union | C 98/14 |
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31.3.2012

EN

Official Journal of the European Union

C 98/14

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Reference for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 17 January 2012 — Katarína Hassová v Rastislav Petrík, Blanka Holingová

(Case C-22/12)

2012/C 98/22

Language of the case: Slovak

Referring court

Referring court

Krajský súd v Prešove

Parties to the main proceedings

Parties to the main proceedings

Applicant: Katarína Hassová

Applicant:

Defendants: Rastislav Petrík, Blanka Holingová

Defendants:

Questions referred

Questions referred

| 1. | Must Article 1(1) of 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, (1) in combination with Article 3(1) of Directive 72/166/EC, (2) be interpreted as precluding a provision of national law (such as § 4 of Law No 381/2001 on compulsory contractual insurance against liability for damage caused by the use of a motor vehicle, or § 6 of Law No 168/1999 [of the Czech Republic] on the same subject) according to which civil liability arising from the use of a motor vehicle does not cover non-material damage, expressed in financial form, caused to the survivors of the victims of a road accident caused by the use of a motor vehicle? |
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1.

Must Article 1(1) of 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, (1) in combination with Article 3(1) of Directive 72/166/EC, (2) be interpreted as precluding a provision of national law (such as § 4 of Law No 381/2001 on compulsory contractual insurance against liability for damage caused by the use of a motor vehicle, or § 6 of Law No 168/1999 [of the Czech Republic] on the same subject) according to which civil liability arising from the use of a motor vehicle does not cover non-material damage, expressed in financial form, caused to the survivors of the victims of a road accident caused by the use of a motor vehicle?

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| 2. | If the answer to the first question is that the above-mentioned rule of national law does not conflict with Community law, must the provisions of § 4(1), (2) and (4) of the said Law No 381/2001 and § 6 of the said Law No 168/1999 [of the Czech Republic] be interpreted as not precluding the national court, in conformity with Article 1(1) of Council Directive 90/232/EEC. in combination with Article 3(1) of Directive 72/166/EEC, from allowing a claim for non-material damage caused to the survivors of the victims of a road accident caused by the use of a motor vehicle, in the capacity of injured parties and in financial form? |
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2.

If the answer to the first question is that the above-mentioned rule of national law does not conflict with Community law, must the provisions of § 4(1), (2) and (4) of the said Law No 381/2001 and § 6 of the said Law No 168/1999 [of the Czech Republic] be interpreted as not precluding the national court, in conformity with Article 1(1) of Council Directive 90/232/EEC. in combination with Article 3(1) of Directive 72/166/EEC, from allowing a claim for non-material damage caused to the survivors of the victims of a road accident caused by the use of a motor vehicle, in the capacity of injured parties and in financial form?

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(1)  OJ 1990 L 129, p. 33.

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(2)  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 1972 L 103, p. 1.

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