62020CO0375_INF
Order of the Court (Seventh Chamber) of 13 October 2021 – Liberty Seguros
(Case C‑375/20) (
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)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Insurance contract concluded on the basis of false statements – International transport of persons and goods without authorisation – Nullity of the insurance contract – Enforceability against third-party victims and the body responsible for compensating victims)
1.
Approximation of laws – Insurance against civil liability in respect of motor vehicles – Obligations of the Member States – General obligation to insure vehicles having their usual parking on their territory – Scope – Limits
(European Parliament and Council Directive 2009/103, Recitals 1, 2 and 20, and Art. 3)
(see paras 54-57)
2.
Approximation of laws – Insurance against civil liability in respect of motor vehicles – Extent of cover for third parties under compulsory insurance – Exclusion clauses – Scope – Limits – Obligation to interpret strictly
(European Parliament and Council Directive 2009/103, Arts 3(1) and 13(1), paras. 1 and 2)
(see paras 58-63)
3.
Approximation of laws – Insurance against civil liability in respect of motor vehicles – Extent of cover for third parties under compulsory insurance – National legislation providing for the nullity of insurance contracts concluded on the basis of false statements by the policyholder to be invoked against third party victims – International transport of persons and goods without authorisation – Inadmissibility
(European Parliament and Council Directive 2009/103, Arts 3, 1st para. and 13(1) and (2))
(see paragraphs 64-68, 70, 71, operative part)
4.
Approximation of laws – Insurance against civil liability in respect of motor vehicles – Directive 2009/103 – Intervention of the body ensuring compensation to victims of road traffic accidents – Conditions – Limits
(European Parliament and Council Directive 2009/103, Arts 3 and 10(1))
(see para. 69)
Operative part
The first paragraph of Article 3 and Article 13(1) of 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 must be interpreted as precluding national legislation which would have the effect of making it possible to invoke against third parties who are victims of a motor vehicle accident the nullity of a contract for motor vehicle insurance against civil liability that arises as a result of the policyholder conducting a commercial activity of international transport without authorisation and of the omissions or false statements of that person with regard to the insurance company at the time that contract was concluded, even though the third-party victims are passengers who could not have been unaware of that lack of authorisation.
(
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)	OJ C 348, 19.10.2020.