Order — ECLI:EU:C:2005:735
Date: 2005-12-01
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws
Concepts: Motor vehicle liability insurance
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Order Freedom to provide services – Insurance against civil liability in respect of motor vehicles – Directive 2000/26 – Settling of claims – Period for insurance undertaking to assess compensation claims – National rule allowing an injured party to bring a legal action after expiry of a reasonable period within the period set down by the directive – Whether permissible (Art. 4(6) of European Parliament and Council Directive 2000/26) Article 4(6) of Directive 2000/26 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 Directives 73/239 and 88/357 (fourth motor insurance directive) provides that within three months of the date when the injured party presents his claim for compensation, the insurance undertaking of the person responsible is required, as appropriate, to make a reasoned offer of compensation or to provide a reasoned reply to the points made in the claim. That provision is to be interpreted as not precluding a national rule allowing an injured party to bring a legal action against the insurance undertaking within the three-month period, after the setting of a reasonable period for payment. It would run counter to the objective of protecting the injured party pursued by Article 4(6) of Directive 2000/26 to interpret the three-month period as meaning that there can be no possibility for the injured party, even in a simple legal or factual situation, to have the claim settled by the insurer before that period expires. (see paras 26, 28, operative part)