# C_2018161EN.01002301.xml

| 7.5.2018 | EN | Official Journal of the European Union | C 161/23 |
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7.5.2018

EN

Official Journal of the European Union

C 161/23

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Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 12 February 2018 — Línea Directa Aseguradora, S.A. v Segurcaixa, Sociedad Anónima de Seguros y Reaseguros

(Case C-100/18)

(2018/C 161/26)

Language of the case: Spanish

Referring court

Referring court

Tribunal Supremo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Línea Directa Aseguradora, S.A.

Applicant:

Defendant: Segurcaixa, Sociedad Anónima de Seguros y Reaseguros

Defendant:

Questions referred

Questions referred

| 1. | Does Article 3 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, and the enforcement of the obligation to insure against such liability, (1) preclude an interpretation that includes in the compulsory insurance cover the damage caused by a fire in a stationary vehicle when the fire has its origin in the mechanisms necessary to performing the transport function of the vehicle? |
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1.

Does Article 3 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, and the enforcement of the obligation to insure against such liability, (1) preclude an interpretation that includes in the compulsory insurance cover the damage caused by a fire in a stationary vehicle when the fire has its origin in the mechanisms necessary to performing the transport function of the vehicle?

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| 2. | If the answer to the question above is negative, does Article 3 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, and the enforcement of the obligation to insure against such liability, preclude an interpretation that includes in the compulsory insurance cover the damage caused by a fire in a vehicle when the fire cannot be linked to previous motion, in such a way that no connection with a journey can be discerned? |
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2.

If the answer to the question above is negative, does Article 3 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, and the enforcement of the obligation to insure against such liability, preclude an interpretation that includes in the compulsory insurance cover the damage caused by a fire in a vehicle when the fire cannot be linked to previous motion, in such a way that no connection with a journey can be discerned?

| 3. | If the answer to the second question is negative, does Article 3 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, and the enforcement of the obligation to insure against such liability, preclude an interpretation that includes in the compulsory insurance cover the damage caused by a fire in a vehicle when the vehicle is parked in a closed private garage? |
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3.

If the answer to the second question is negative, does Article 3 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, and the enforcement of the obligation to insure against such liability, preclude an interpretation that includes in the compulsory insurance cover the damage caused by a fire in a vehicle when the vehicle is parked in a closed private garage?

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

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