Judgment — ECLI:EU:C:2017:575
Date: 2017-07-20
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary — Judgment of the Court (Sixth Chamber), 20 July 2017 Approximation of laws — Insurance against civil liability in respect of the use of motor vehicles — Extent of cover for third parties under compulsory insurance — National legislation making it possible to invoke against third-party victims the nullity of insurance contracts concluded on the basis of false statements made by the policyholder — Not permissible (Council Directives 72/166, Art. 3(1), and 84/5, Art. 2(1)) Article 3(1) of Council Directive 72/166/EEC of 24 April 1972 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 to the enforcement of the obligation to insure against such liability, and Article 2(1) of Second Council Directive 84/5/EEC of 30 December 1983 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 legislation which would have the effect of making it possible to invoke against third-party victims, in circumstances such as those at issue in the main proceedings, the nullity of a contract for motor vehicle insurance against civil liability arising as a result of the policyholder initially making false statements concerning the identity of the owner and of the usual driver of the vehicle concerned or from the fact that the person for whom or on whose behalf that insurance contract was concluded had no economic interest in the conclusion of that contract. (see para. 37, operative part)