Opinion of the Advocate General — ECLI:EU:C:2017:234
Date: 2017-03-23
Language of the case: Lithuanian
Subject matter: Approximation of laws;Freedom to provide services;Fundamental rights;European Convention on Human Rights
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - inadmissible
Origin: Lithuania

Summary — Judgment of the Court (First Chamber), 15 June 2017 1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Acts of the institutions — Agreement between national insurers’ bureaux provided for in the directive on insurance against civil liability in respect of motor vehicles — Not included (Art. 267 TFEU; Council Directive 72/166) 2. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directive 2009/103 — Not applicable ratione temporis — Directives 72/166, 84/5 and 2000/26 — Not applicable ratione materiae — Article 47 of the Charter of Fundamental Rights of the European Union — Not applicable — Failure to implement EU law — Case-law of the national court — Lawfulness (Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Directives 2000/26 and 2009/103 ; Council Directives 72/166 and 84/5) 1. See the text of the decision. (see paras 35-40, operative part) 2. Since 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, is not applicable ratione temporis to the dispute in the main proceedings, since 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, 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, and Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 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 amending Council Directives 73/239/EEC and 88/357/EEC are not applicable ratione materiae to the present dispute, and, therefore, since, in the absence of implementation of EU law within the meaning of Article 51(1) of the Charter, neither is Article 47 of the Charter of Fundamental Rights of the European Union applicable to the dispute, those directives and Article 47 of the Charter must be interpreted as not precluding, in the present case, the consequences arising from the case-law of the referring court to the effect that, for the purposes of the subrogated claim, the burden of proof relating to all of the elements establishing the civil liability of the defendants in the main proceedings for the accident which occurred on 20 July 2006 rests with the Lietuvos Respublikos transporto priemonių draudikų biuras (the Bureau of Motor Insurers of the Republic of Lithuania). (see para. 45, operative part)