WRITTEN QUESTION E-2656/99 by Bart Staes (Verts/ALE) to the Council. Compensation of EU citizens in the case of road accidents in Switzerland.
Date: 2000-01-13
Institutions: European Parliament, Provisional data
Subjects: EU national, Switzerland, agreement (EU), insurance indemnity, road transport, transport accident

3.10.2000

EN

Official Journal of the European Communities

C 280 E/95

(2000/C 280 E/096)

WRITTEN QUESTION E-2656/99

by Bart Staes (Verts/ALE) to the Council

(13 January 2000)

Subject: Compensation of EU citizens in the case of road accidents in Switzerland

Loopholes in Swiss legislation allow insurance companies to delay paying compensation in respect of third
party liability. This source of legal uncertainty also affects EU citizens who are the victims of road
accidents in Switzerland. They find themselves involved in legal proceedings without any prospect of
obtaining fair compensation within a reasonable period of time.

The forthcoming ratification of the transport agreement between Switzerland and the EU in the course of
2000 should be taken as an opportunity to resolve this legal problem as soon as possible. EU citizens in
Switzerland are entitled to the same protection which Swiss nationals enjoy in the fifteen Member States of
the EU. It is also worth noting that former Commission President Santer was informed of this problem in
writing on 12 March 1998 and 27 July 1998 (letters from Dr Eric Suy, president of VTB-VAB and
Belgium(cid:146)s Deputy Prime Minister, Elio de Rupo).

1. What action has the Council taken to remedy the loopholes in Swiss legislation, which result in a
lack of legal certainty in the case of road accidents in Switzerland?

2. Will the Council take advantage of the ratification procedure for the transport agreement between
Switzerland and the EU to demand from the Swiss Government a rapid, fair and reasonable solution to this
legal problem? If not, why not?

3. What further steps will the Council take to ensure that the Swiss Government finds a fair and
reasonable solution to this legal problem as soon as possible?

Reply

(16 March 2000)

In respect of the elements of the question that fall within the Council(cid:146)s competence, the Council would like
to state the following:

1. The Council considers that the transport agreement with Switzerland constitutes a balanced set of
reciprocal rights and obligations. It is in the interest of the Union that it can enter into force as soon
as possible. The said agreement does not cover insurance matters.

2. The problem of long settlement procedures concerning road accidents in third countries has been
recognised by the institutions of the EU and they have been prepared to tackle the problem with the
proposal for the fourth motor insurance directive aimed at creating simplified administrative and legal
procedures to speed up the payment of compensation by the liability insurer of the responsible party.
After the Parliament approved amendments at its Plenary Session of 15 December 1999, this proposal
is entering into a conciliation procedure in the near future.

3.

In particular, as regards accidents between Community residents and residents of Switzerland and
improving the compensation practices of Swiss companies relating to such accidents, this could only
be achieved through negotiating a bilateral agreement concerning compensation for traffic accidents
between the parties concerned.

4. Notwithstanding the absence of any mandatory compensation framework, it is always possible for

insurance companies to conclude voluntary agreements regarding compensation practices.