Keywords

Summary



Keywords

1. Approximation of laws - Civil liability insurance in respect of motor vehicles - Directives 72/166, 84/5 and 90/232 - Determination of the type of civil liability applicable to road-traffic accidents - Competence of the Member States - Limits

(Council Directives 72/166, 84/5 and 90/232)

2. Approximation of laws - Civil liability insurance in respect of motor vehicles - Directive 84/5 - Extent of cover for third parties under the compulsory insurance - Compulsory cover for personal injury to passengers who are members of the family of the insured person or of the driver - Conditions

(Council Directive 84/5, Art. 3)

3. Approximation of laws - Civil liability insurance in respect of motor vehicles - Directive 84/5 - National legislation laying down maximum limits for compensation that are lower than the prescribed minimum cover in cases where there is no fault on the part of the driver - Not permissible

(Council Directive 84/5, Arts 1(2) and 5(3), as amended by the 1985 Act of Accession)

Summary

1. In the absence of any Community rules defining the type of civil liability in respect of the use of vehicles, for risk or for fault, to be covered by compulsory insurance, it is in principle for the Member States to lay down the system of civil liability applicable to road-traffic accidents. It follows that, as Community law stands at present, the Member States are free to determine the type of civil liability applicable to road-traffic accidents. However, they must ensure that the civil liability arising under their domestic law is covered by insurance which complies with the provisions of Directives 72/166, 84/5 and 90/232 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles.

( see paras 27-29 )

2. Article 3 of 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 requires compulsory insurance against civil liability in respect of the use of motor vehicles to cover personal injuries to passengers who are members of the family of the insured person, of the driver of the vehicle or of any other person who incurs civil liability for an accident and whose liability is covered by compulsory motor-vehicle insurance, where those passengers are carried free of charge, whether or not there is any fault on the part of the driver of the vehicle which caused the accident, only if the domestic law of the Member State concerned requires such cover in respect of personal injuries caused in the same conditions to other third-party passengers.

( see para. 35 and operative part 1 )

3. Articles 1(2) and 5(3) of 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, as amended by the Act of Accession of Spain and Portugal, preclude domestic laws laying down maximum amounts of compensation that are lower than the minimum amounts of cover laid down by those provisions where, in the absence of fault on the part of the driver of the vehicle which caused the accident, only civil liability for materialisation of risk arises.

( see para. 41 and operative part 2 )