2.

Directive 2009/103 repealed Directive 2000/26 on the approximation of the laws of the Member States relating to insurance against civil liability [in respect of the use of motor vehicles]. ( 3 ) However, the new directive retained the wording of the provisions of which an interpretation has been requested in this case, in which the following recitals and, in particular, Articles 20 and 21 are significant. ‘(20) Motor vehicle accident victims should be guaranteed comparable treatment irrespective of where in the Community accidents occur. … (34) Parties injured as a result of a motor vehicle accident falling within the scope of this Directive and occurring in a State other than that of their residence should be entitled to claim in their Member State of residence against a claims representative appointed there by the insurance undertaking of the responsible party. This solution would enable damage suffered by injured parties outside their Member State of residence to be dealt with under procedures which are familiar to them. (35) This system of having claims representatives in the injured party’s Member State of residence affects neither the substantive law to be applied in each individual case nor the matter of jurisdiction. … (37) It should be provided that the Member State where the insurance undertaking is authorised should require that undertaking to appoint claims representatives resident or established in the other Member States to collect all the necessary information in relation to claims resulting from such accidents and to take appropriate action to settle the claims on behalf and for the account of the insurance undertaking, including the payment of compensation. Claims representatives should have sufficient powers to represent the insurance undertaking in relation to persons suffering damage from such accidents, and also to represent the insurance undertaking before national authorities including, where necessary, before the courts, in so far as this is compatible with the rules of private international law on the conferral of jurisdiction. … Article 20 Special provisions concerning compensation for injured parties following an accident in a Member State other than that of their residence 1. The purpose of Articles 20 to 26 is to lay down special provisions applicable to injured parties entitled to compensation for loss or injury resulting from accidents occurring in a Member State other than the Member State of residence of the injured party and caused by the use of vehicles insured and normally based in a Member State. Without prejudice to the legislation of third countries on civil liability and private international law, these provisions shall also apply to injured parties resident in a Member State and entitled to compensation in respect of any loss or injury resulting from accidents occurring in third countries whose national insurer’s bureaux have joined the green card system whenever such accidents are caused by the use of vehicles insured and normally based in a Member State. 2. Article 21 and 24 shall apply only in the case of accidents caused by the use of a vehicle: (a) insured through an establishment in a Member State other than the State of residence of the injured party; and (b) normally based in a Member State other than the State of residence of the injured party. Article 21 Claims representatives 1. Each Member State shall take all measures necessary to ensure that all insurance undertakings covering the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, appoint a claims representative in each Member State other than that in which they have received their official authorisation. The claims representative shall be responsible for handling and settling claims arising from an accident in the cases referred to in Article 20(1). The claims representative shall be resident or established in the Member State where he is appointed. 2. The choice of its claims representative shall be at the discretion of the insurance undertaking The Member States may not restrict this freedom of choice. 3. The claims representative may act for one or more insurance undertakings. 4. The claims representative shall, in relation to such claims, collect all information necessary in connection with the settlement of claims and shall take the measures necessary to negotiate a settlement of claims. The requirement of appointing a claims representative shall not preclude the right of the injured party or his insurance undertaking to institute proceedings directly against the person who caused the accident or his insurance undertaking. 5. Claims representatives shall possess sufficient powers to represent the insurance undertaking in relation to injured parties in the cases referred to in Article 20(1) and to meet their claims in full. They must be capable of examining cases in the official language(s) of the Member State of residence of the injured party. 6. The appointment of a claims representative shall not in itself constitute the opening of a branch within the meaning of Article 1(b) of Directive 92/49/EEC, and the claims representative shall not be regarded as an establishment within the meaning of Article 2(c) of Directive 88/357/EEC or an establishment within the meaning of Regulation (EC) No 44/2001.’