EFTA Court - Judgment of the Court of 14 June 2001 in Case E-7/00 (Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court): Halla Helgadóttir v Daníel Hjaltason and Iceland Insurance Company Ltd (Motor Vehicle Insurance Directives — Standardised compensation system — Compensation for victims) (Pursuant to Article 27(5) of the Rules of Procedure only the English and Icelandic texts are authentic)
Date: 2001-06-14
Institutions: EFTA Court
Subjects: civil liability, indemnification, insurance, insurance indemnity, motor car

C 237/6

EN

Official Journal of the European Communities

23.8.2001

JUDGMENT OF THE COURT

of 14 June 2001

in Case E-7/00 (Request for an Advisory Opinion from HØra(cid:240)sd(cid:243)mur Reykjav(cid:237)kur (Reykjav(cid:237)k
District Court): Halla Helgad(cid:243)ttir v Dan(cid:237)el Hjaltason and Iceland Insurance Company Ltd

(Motor Vehicle Insurance Directives (cid:151) Standardised compensation system (cid:151) Compensation for victims)

(Pursuant to Article 27(5) of the Rules of Procedure only the English and Icelandic texts are authentic)

(2001/C 237/08)

In Case E-7/00: request to the Court pursuant to Article 34 of
the Agreement between the EFTA States on the establishment
Justice by
of a surveillance authority and a Court of
HØra(cid:240)sd(cid:243)mur Reykjav(cid:237)kur (Reykjav(cid:237)k District Court),
for an
Advisory Opinion in the case pending before it between
Halla Helgad(cid:243)ttir and Daniel Hjaltason and Iceland Insurance
Company Ltd, on the interpretation of the EEA Agreement,
with particular reference to the following acts referred to in
Annex IX; the Act referred to in point 8 of Annex IX (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),
the Act referred to in point 9 of Annex IX (Second Council
Directive 84/5/EEC of 30 December 1983 on the approxi-
mation of
relating to
insurance against civil liability in respect of the use of motor
vehicles), the Act referred to in point 10 of Annex IX (Third
Council Directive 90/232/EEC of 14 May 1990 on the approxi-
mation of the laws of the Member States relating to insurance
against civil liability in respect of the use of motor vehicles),
the Court, composed of: Th(cid:243)r VilhjÆlmsson, President, Carl
Baudenbacher
Judges;
and Gunnar Selvik, Registrar, gave an Advisory Opinion on
14 June 2001, the operative part of which is as follows:

(Judge-Rapporteur) and Per Tresselt,

the Member States

laws of

the

1. It is compatible with EEA law,

in particular Council
Directive 72/166/EEC of 24 April 1972 on the approxi-
mation of the laws of the Member States relating to
insurance against civil liability in respect of the use of

liability in respect of

motor vehicles, and to the enforcement of the obligation
to insure against such liability, 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
the use of motor
vehicles, and Third 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, to determine
compensation payable to victims under the third-party
liability insurance of a motor vehicle in accordance with
national tort liability statutes providing for standardised
compensation based on a tier of non-pecuniary loss
tier of
(medical
permanent disability (occupational disability tier),
in
cases of victims who, on the date of an accident,
their earning capacity in a manner
make use of
providing them with little or no earnings
from
employment.

regardless of

disability

tier),

a

2. The aforementioned Motor Vehicle Insurance Directives
do not contain any specific requirement for a minimum
compensation for a victim in the situation referred to in
the first question.

3. It is for the contracting parties to determine whether,
and to what extent,
the compensation covered by
compulsory third-party insurance under the Directives
should be adjusted by reference to any entitlement of a
victim to compensation from other sources.