Judgment — ECLI:EU:C:2011:371
Date: 2011-06-09
Language of the case: Portuguese
Court formation: Third Chamber
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary of the Judgment Approximation of laws – Insurance against civil liability in respect of motor vehicles – Directives 72/166, 84/5 and 90/232 – Determination of the rules of civil liability applicable to road traffic accidents (Council Directives 72/166, 84/5 and 90/232) Directive 72/166 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, Second Council Directive 84/5 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 Third Directive 90/232 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, must be interpreted as not precluding national provisions falling within civil liability law that allow exclusion or limitation of the right of the victim of an accident to claim compensation under the civil liability insurance of the motor vehicle involved in the accident, on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury. This is the case, in particular, for national legislation that is intended to exclude the risk liability of the driver of the vehicle involved in an accident only when the accident is caused exclusively by the victim and which provides, furthermore, when the fault of the victim has contributed to the causation or aggravation of his loss, that the compensation for this is to be affected in proportion to the degree of seriousness of that fault. Indeed, such legislation does not have the effect, where the victim contributes to his own loss or injury, of automatically excluding or limiting disproportionately this right to compensation by means of compulsory insurance against the civil liability of the driver of the vehicle involved in the accident. Thus, it does not affect the obligation under European Union law to ensure that civil liability arising under national law is covered by insurance which complies with the provisions of the three abovementioned directives. (see paras 33-35, operative part)