Judgment;Summary — ECLI:EU:C:2019:84
Date: 2019-01-31
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions;Approximation of laws;Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Portugal

Request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 26 February 2018 — Agostinho da Silva Martins v Dekra Claims Services Portugal SA (Case C-149/18) Language of the case: Portuguese Referring court Tribunal da Relação de Lisboa Parties to the main proceedings Appellant: Agostinho da Silva Martins Respondent: Dekra Claims Services Portugal SA Questions referred Must it be understood that the national legislation in force in Portugal prevails as an overriding, mandatory rule within the meaning of Article 16 of the Rome II Regulation? 1 Does that rule constitute a provision of Community law laying down a conflict-of-laws rule within the meaning of Article 27 of the Rome II Regulation? In the light of Article 28 of Directive 2009/103/EC, 2 must it be concluded that the limitation period set out in Article 498(3) of the Portuguese Civil Code is applicable where a Portuguese citizen suffers a traffic accident in Spain? ____________ 1 Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ 2007 L 199, p. 40). 2 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 (OJ 2009 L 263, p. 11).