EN Official Journal of the European Union C 85/5

Judgment of the Court (Second Chamber) of 23 January 2014 (request for a preliminary ruling from the Tribunale di Tivoli — Italy) — Enrico Petillo, Carlo Petillo v Unipol

(Case C-371/12) (1)

(Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 72/166/EEC, Directive 84/5/EEC, Directive 90/232/EEC and Directive 2009/103/EEC - Road traffic accident - Non-material damage - Compensation - National provisions establishing methods of calculation specific to road traffic accidents which are less favourable to victims than those provided for under the ordinary rules of civil liability - Compatibility with those directives)

2014/C 85/09

Language of the case: Italian

Referring court

Tribunale di Tivoli

Parties to the main proceedings

Applicants: Enrico Petillo, Carlo Petillo

Defendant: Unipol

Re:

Request for a preliminary ruling — Tribunale di Tivoli — Interpretation 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 (OJ, English Special Edition 1972 (II), p. 360), of 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 (OJ 1984 L 8, p. 17), of Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33) and 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 (OJ 2009 L 263, p. 11) — Insurance against civil liability arising from the use of motor vehicles — Determination of injuries which must be covered by insurance — National legislation providing, in the case of a road traffic accident, for compensation for psychological damage which is less than that provided for under the ordinary rules of civil liability.

Operative part of the judgment

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 1(1) and (2) 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, must be interpreted as not precluding national legislation such as that at issue in the main proceedings, which lays down a specific compensation scheme for non-material damage resulting from minor physical injuries caused by road traffic accidents, limiting the compensation payable for such damage in comparison with the compensation allowed for identical damage arising from causes other than those accidents.

(1) OJ C 295, 29.9.2012.