# C_2017144EN.01003001.xml

| 8.5.2017 | EN | Official Journal of the European Union | C 144/30 |
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8.5.2017

EN

Official Journal of the European Union

C 144/30

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Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 14 February 2017 — Fundo de Garantia Automóvel v Alina Antónia Destapado Pão Mole Juliana, Cristiana Micaela Caetano Juliana

(Case C-80/17)

(2017/C 144/39)

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Parties to the main proceedings

Applicant: Fundo de Garantia Automóvel (Motor Vehicle Guarantee Fund)

Applicant:

Defendants: Alina Antónia Destapado Pão Mole Juliana, Cristiana Micaela Caetano Juliana

Defendants:

Questions referred

Questions referred

| (1) | Must Article 3 of Council Directive 72/166/EEC of 24 April 1972 (1) (in force at the date of the accident) be interpreted as meaning that the obligation to take out civil liability motor insurance extends even to the situations in which the vehicle is, at the owner’s choice, immobilised in a private courtyard, away from the public highway?
  or,
  In those circumstances, is the owner of the vehicle not under an obligation to insure, regardless of the liability of the Fundo de Garantia Automóvel to injured third parties, in particular in cases of the unlawful use of a motor vehicle belonging to another? |
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(1)

Must Article 3 of Council Directive 72/166/EEC of 24 April 1972 (1) (in force at the date of the accident) be interpreted as meaning that the obligation to take out civil liability motor insurance extends even to the situations in which the vehicle is, at the owner’s choice, immobilised in a private courtyard, away from the public highway?

1

or,

In those circumstances, is the owner of the vehicle not under an obligation to insure, regardless of the liability of the Fundo de Garantia Automóvel to injured third parties, in particular in cases of the unlawful use of a motor vehicle belonging to another?

| (2) | Must Article 1(4) of Council Directive 84/5/EEC of 30 December 1983 (2) (in force at the date of the accident) be interpreted as meaning that the Fundo de Garantia Automóvel — which because there was no civil liability insurance contract, paid the relevant compensation to the third parties injured by the traffic accident caused by the motor vehicle which, without the owner’s knowledge or authorisation, was removed from the private land where it was immobilised — has the right of subrogation against the vehicle’s owner regardless of whether that owner was liable for the accident?
  or,
  Does the subrogation by the Fundo de Garantia Automóvel in relation to the owner depend on the requirements for civil liability having been met, in particular that, when the accident occurred, the owner had effective control of the vehicle? |
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(2)

Must Article 1(4) of Council Directive 84/5/EEC of 30 December 1983 (2) (in force at the date of the accident) be interpreted as meaning that the Fundo de Garantia Automóvel — which because there was no civil liability insurance contract, paid the relevant compensation to the third parties injured by the traffic accident caused by the motor vehicle which, without the owner’s knowledge or authorisation, was removed from the private land where it was immobilised — has the right of subrogation against the vehicle’s owner regardless of whether that owner was liable for the accident?

2

or,

Does the subrogation by the Fundo de Garantia Automóvel in relation to the owner depend on the requirements for civil liability having been met, in particular that, when the accident occurred, the owner had effective control of the vehicle?

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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).

1

(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).

2

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