Judgment;Abstract — ECLI:EU:C:2023:767
Date: 2023-10-12
Language of the case: Dutch
Court formation: Fifth Chamber
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Belgium

Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 28 April 2022 – KBC Verzekeringen NV v P&V Verzekeringen CVBA (Case C-286/22) Language of the case: Dutch Referring court Hof van Cassatie Parties to the main proceedings Appellant: KBC Verzekeringen NV Respondent: P&V Verzekeringen CVBA Question referred Is Article 1(1) of Directive 2009/103/EC 1 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, as amended by Directive (EU) 2021/2118 2 of the European Parliament and of the Council of 24 November 2021, which defines ‘vehicle’ as ‘any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled’, must be interpreted as meaning that an electric bicycle (Speed-Pedelec) whose engine provides pedal assistance only, so that the bicycle does not move autonomously, without muscular power, but only by means of engine and muscular power, and an electric bicycle which is equipped with a boost function, whereby the bicycle accelerates to a speed of 20 km/h when the boost button is pressed without pedalling, yet muscular power is required in order to be able to use the boost function, are not vehicles within the meaning of that directive? ____________ 1 OJ 2009 L 263, p. 11. 1 Directive (EU) 2021/2118 of the European Parliament and of the Council of 24 November 2021 amending Directive 2009/103/EC 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 (OJ 2021 L 430, p. 1).