# C_2012235EN.01001001.xml

| 4.8.2012 | EN | Official Journal of the European Union | C 235/10 |
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4.8.2012

EN

Official Journal of the European Union

C 235/10

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Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāts (Latvia) lodged on 1 June 2012 — Vitālijs Drozdovs v AAS ‘Baltikums’

(Case C-277/12)

2012/C 235/18

Language of the case: Latvian

Referring court

Referring court

Latvijas Republikas Augstākās tiesas Senāts

Parties to the main proceedings

Parties to the main proceedings

Applicant: Vitālijs Drozdovs

Applicant:

Defendant: AAS ‘Baltikums’

Defendant:

Questions referred

Questions referred

| 1. | Is compensation for non-material damage included in the amount of compulsory protection for personal injuries laid down in Article 3 of Council Directive 72/166/EEC (1) of 24 April 1972, the First Directive 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, and in [Article 1(2)] of Council Directive 84/5/EEC (2) of 30 December 1983, the Second Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles? |
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1.

Is compensation for non-material damage included in the amount of compulsory protection for personal injuries laid down in Article 3 of Council Directive 72/166/EEC (1) of 24 April 1972, the First Directive 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, and in [Article 1(2)] of Council Directive 84/5/EEC (2) of 30 December 1983, the Second Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles?

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| 2. | If the first question is answered in the affirmative, must Article 3 of Council Directive 72/166/EEC of 24 April 1972, the First Directive 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, and [Article 1(2)] of Council Directive 84/5/EEC of 30 December 1983, the Second Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, be interpreted as meaning that those provisions preclude legislation of a Member State whereby civil liability applicable in that State — the maximum amount of compensation for non-material damage — is limited by the establishment of a limit that is substantially lower than the limit laid down for the insurer’s liability in the directives and in national law? |
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2.

If the first question is answered in the affirmative, must Article 3 of Council Directive 72/166/EEC of 24 April 1972, the First Directive 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, and [Article 1(2)] of Council Directive 84/5/EEC of 30 December 1983, the Second Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, be interpreted as meaning that those provisions preclude legislation of a Member State whereby civil liability applicable in that State — the maximum amount of compensation for non-material damage — is limited by the establishment of a limit that is substantially lower than the limit laid down for the insurer’s liability in the directives and in national law?

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(1)  OJ 1972 L 103, p. 1.

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(2)  OJ 1984 L 8, p. 17.

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