# C_2018399EN.01000801.xml

| 5.11.2018 | EN | Official Journal of the European Union | C 399/8 |
| --- | --- | --- | --- |

5.11.2018

EN

Official Journal of the European Union

C 399/8

---

Judgment of the Court (Grand Chamber) of 4 September 2018 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Fundo de Garantia Automóvel v Alina Antónia Destapado Pão Mole Juliana, Cristiana Micaela Caetano Juliana

(Case C-80/17) (1)

((Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 72/166/EEC - Article 3(1) - Second Directive 84/5/EEC - Article 1(4) - Obligation to take out a contract of insurance - Vehicle parked on private land - Right of the compensation body to bring an action against the owner of the uninsured vehicle))

(2018/C 399/09)

Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Appellant: Fundo de Garantia Automóvel

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

Operative part of the judgment

| 1. | Article 3(1) of 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, must be interpreted as meaning that the conclusion of a contract of insurance against civil liability relating to the use of a motor vehicle is obligatory when the vehicle concerned is still registered in a Member State and is capable of being driven but is parked on private land, solely by the choice of the owner, who no longer intends to drive it. |
| --- | --- |

1.

Article 3(1) of 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, must be interpreted as meaning that the conclusion of a contract of insurance against civil liability relating to the use of a motor vehicle is obligatory when the vehicle concerned is still registered in a Member State and is capable of being driven but is parked on private land, solely by the choice of the owner, who no longer intends to drive it.

| 2. | Article 1(4) of 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, must be interpreted as not precluding national legislation which provides that the body referred to in that provision has the right to bring an action, in addition to an action against the person or persons responsible for the accident, against the person who was subject to the obligation to take out insurance against civil liability in respect of the use of the vehicle which caused the damage or injuries for which compensation was provided by that body, but who had not concluded a contract for that purpose, even if that person has no civil liability for the accident in which the damage or injuries occurred. |
| --- | --- |

2.

Article 1(4) of 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, must be interpreted as not precluding national legislation which provides that the body referred to in that provision has the right to bring an action, in addition to an action against the person or persons responsible for the accident, against the person who was subject to the obligation to take out insurance against civil liability in respect of the use of the vehicle which caused the damage or injuries for which compensation was provided by that body, but who had not concluded a contract for that purpose, even if that person has no civil liability for the accident in which the damage or injuries occurred.

---

(1)  OJ C 144, 8.5.2017.

---