Opinion of the Advocate General — ECLI:EU:C:1999:518
Date: 1999-10-21
Language of the case: Portuguese
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary of the Judgment 
1. Approximation of laws — Civil liability insurance in respect of motor vehicles — 
Directives 72/166, 84/5 and 90/232 — Determination of the type of civil liability 
applicable to road-traffic accidents — Competence of the Member States — Limits 
(Council Directives 72/166, 84/5 and 90/232) 
I - 6711 
SUMMARY — CASE C-348/98 
2. Approximation of laws — Civil liability insurance in respect of motor vehicles — 
Directive 84/5 — Extent of cover for third parties under the compulsory insurance — 
Compulsory cover for personal injury to passengers who are members of the family of 
the insured person or of the driver — Conditions 
(Council Directive 84/5, Art. 3) 
3. Approximation of laws — Civil liability insurance in respect of motor vehicles — 
Directive 84/5 — National legislation laying down maximum limits for compensation 
that are lower than the prescribed minimum cover in cases where there is no fault on 
the part of the driver — Not permissible 
(Council Directive 84/5, Arts 1(2) and 5(3), as amended by the 1985 Act of Accession) 
1. In the absence of any Community rules 
defining the type of civil liability in 
respect of the use of vehicles, for risk or 
for fault, to be covered by compulsory 
insurance, it is in principle for the 
Member States to lay down the system 
of civil liability applicable to road-
traffic accidents. It follows that, as 
Community law stands at present, the 
Member States are free to determine 
the type of civil liability applicable to 
road-traffic accidents. However, they 
must ensure that the civil liability 
arising under their domestic law is 
covered by insurance which complies 
with the provisions of Directives 
72/166, 84/5 and 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. 
(see paras 27-29) 
2. Article 3 of 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 requires compul­
sory insurance against civil liability in 
respect of the use of motor vehicles to 
cover personal injuries to passengers 
who are members of the family of the 
insured person, of the driver of the 
vehicle or of any other person who 
incurs civil liability for an accident and 
whose liability is covered by compul­
sory motor-vehicle insurance, where 
those passengers are carried free of 
charge, whether or not there is any 
fault on the part of the driver of the 
vehicle which caused the accident, only 
if the domestic law of the Member 
State concerned requires such cover in 
respect of personal injuries caused in 
the same conditions to other third-
party passengers. 
(see para. 35 and operative part 1) 
I - 6712 
MENDES FERREIRA AND DELGADO CORREIA FERREIRA 
3. Articles 1(2) and 5(3) of 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, as amended by 
the Act of Accession of Spain and 
Portugal, preclude domestic laws lay­
ing down maximum amounts of com­
pensation that are lower than the 
minimum amounts of cover laid down 
by those provisions where, in the 
absence of fault on the part of the 
driver of the vehicle which caused the 
accident, only civil liability for materi­
alisation of risk arises. 
(see para. 41 and operative part 2) 
I - 6713