Order of the Court (Fourth Chamber) of 17 January 2013 — Grilc

(Case C-541/11)

‛Article 104(3), second subparagraph, of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directive 2000/26/EC — Compensation bodies — Claim for compensation brought before a national court’

Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directive 2000/26 — Claim for compensation — Submission of the claim to the body responsible for compensation in the Member State of residence of the injured party — Court proceedings brought against that body before a court in that Member State without that claim having first been submitted — Unlawful (European Parliament and Council Directive 2000/26, Art. 6(1)) (see para. 37, operative part)

Re:

Request for a preliminary ruling — Vrhovno sodišče — Interpretation of Article 6(1), first subparagraph, of Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 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 Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (OJ 2000 L 181, p. 65) — Meaning of ‘claim for compensation’ and ‘responsible for providing compensation’ — Capacity of the compensation body to be a defendant in legal proceedings.

Operative part

Article 6(1) of Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 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 Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) must be interpreted as meaning that, on the one hand, the injured party may claim compensation for the harm suffered from the compensation body in accordance with the conditions set out in that article and, on the other, that claim must necessarily first have been submitted to the compensation body, without prejudice to the injured party’s right, if necessary, subsequently to bring an action before the court having territorial jurisdiction if that claim has been rejected by that compensation body.

Order of the Court (Fourth Chamber) of 17 January 2013 — Grilc

(Case C-541/11)

‛Article 104(3), second subparagraph, of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directive 2000/26/EC — Compensation bodies — Claim for compensation brought before a national court’

Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directive 2000/26 — Claim for compensation — Submission of the claim to the body responsible for compensation in the Member State of residence of the injured party — Court proceedings brought against that body before a court in that Member State without that claim having first been submitted — Unlawful (European Parliament and Council Directive 2000/26, Art. 6(1)) (see para. 37, operative part)

Re:

Request for a preliminary ruling — Vrhovno sodišče — Interpretation of Article 6(1), first subparagraph, of Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 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 Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (OJ 2000 L 181, p. 65) — Meaning of ‘claim for compensation’ and ‘responsible for providing compensation’ — Capacity of the compensation body to be a defendant in legal proceedings.

Operative part

Article 6(1) of Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 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 Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) must be interpreted as meaning that, on the one hand, the injured party may claim compensation for the harm suffered from the compensation body in accordance with the conditions set out in that article and, on the other, that claim must necessarily first have been submitted to the compensation body, without prejudice to the injured party’s right, if necessary, subsequently to bring an action before the court having territorial jurisdiction if that claim has been rejected by that compensation body.