# C_2012287EN.01001803.xml

| 22.9.2012 | EN | Official Journal of the European Union | C 287/18 |
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22.9.2012

EN

Official Journal of the European Union

C 287/18

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Reference for a preliminary ruling from the Landgericht Saarbrücken (Germany) lodged on 26 June 2012 — Spedition Welter GmbH v Avanssur S.A.

(Case C-306/12)

2012/C 287/34

Language of the case: German

Referring court

Referring court

Landgericht Saarbrücken

Parties to the main proceedings

Parties to the main proceedings

Applicant: Spedition Welter GmbH

Applicant:

Defendant: Avanssur S.A.

Defendant:

Questions referred

Questions referred

| 1. | Is Article 21(5) of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, (1) and the enforcement of the obligation to insure against such liability (OJ 2009 L 263, p. 11-31;‘Directive 2009/103/EC’) to be interpreted to the effect that the powers of the claims representative include the authority to accept service for the insurance undertaking, with the result that, in an action for compensation for accidental damage brought by an injured party against the insurance undertaking, service by the court on the claims representative appointed by the insurance undertaking is effective against the insurance undertaking?
  If the first question is answered in the affirmative: |
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1.

Is Article 21(5) of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, (1) and the enforcement of the obligation to insure against such liability (OJ 2009 L 263, p. 11-31;‘Directive 2009/103/EC’) to be interpreted to the effect that the powers of the claims representative include the authority to accept service for the insurance undertaking, with the result that, in an action for compensation for accidental damage brought by an injured party against the insurance undertaking, service by the court on the claims representative appointed by the insurance undertaking is effective against the insurance undertaking?

1

If the first question is answered in the affirmative:

| 2. | Does Article 21(5) of Directive 2009/103/EC have direct effect in such a way that the injured party may rely on it before the national court, with the result that the national court must consider service on the insurance undertaking to be effective where service has been effected on the claims representative as the insurance undertaking’s ‘representative’, even though authority to accept service has not been granted by formal act and national law does not establish a statutory authority to accept service for such a case, but the service otherwise satisfies all the conditions laid down by national law? |
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2.

Does Article 21(5) of Directive 2009/103/EC have direct effect in such a way that the injured party may rely on it before the national court, with the result that the national court must consider service on the insurance undertaking to be effective where service has been effected on the claims representative as the insurance undertaking’s ‘representative’, even though authority to accept service has not been granted by formal act and national law does not establish a statutory authority to accept service for such a case, but the service otherwise satisfies all the conditions laid down by national law?

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(1)  OJ 2009 L 263, p. 11.

1

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