Opinion of the Advocate General — ECLI:EU:C:2011:548
Date: 2011-09-06
Language of the case: English
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment Approximation of laws – Insurance against civil liability in respect of motor vehicles – Extent of cover for third parties under compulsory insurance – Exclusion clauses – Accident caused by an uninsured driver (Council Directives 72/166, 84/5, Art. 2(1), and 90/232, Art. 1, first para.) The first paragraph of Article 1 of Third Directive 90/232 and Article 2(1) of Second 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 must be interpreted as precluding national rules the effect of which is to exclude automatically the requirement for the insurer to compensate a passenger who is a victim of a road traffic accident when that accident was caused by a driver who was not insured under the insurance policy and when the victim, who was a passenger in the vehicle at the time of the accident, was insured to drive the vehicle himself and had given permission to the driver to drive it. That interpretation does not differ depending on whether the insured victim was aware that the person to whom he gave permission to drive the vehicle was not insured to do so, whether he believed that the driver was insured or whether or not he had turned his mind to that question. The insurance against civil liability in respect of the use of motor vehicles referred to in Article 3(1) of First Directive 72/166 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 cover all the victims other than the driver of the vehicle that caused the damage or injury, unless one of the exceptions expressly provided for by the First, Second or Third Directives applies. (see paras 44, 46, 50, operative part 1-2)