Order of the Court (First Chamber) of 14 October 2002 in Case C-158/01 (Reference for a preliminary ruling from the Circuit Court, County of Cork): Catherine Withers v Samantha Delaney, Motor Insurers Bureau of Ireland (MIBI) (Article 104(3) of the Rules of Procedure — Answer which may be clearly deduced from existing case-law — Approximation of laws — Directives 72/166/EEC and 84/5/EEC — Compulsory insurance against civil liability in respect of motor vehicles — Injury caused to passengers)
Date: 2002-12-07
Institutions: Court of Justice
Subjects: Ireland, civil liability, indemnification, insurance, interpretation of the law, motor vehicle insurance, transport accident

C 305/8

EN

Official Journal of the European Communities

7.12.2002

ORDER OF THE COURT

ORDER OF THE COURT

(First Chamber)

of 14 October 2002

in Case C-158/01 (Reference for a preliminary ruling from
the Circuit Court, County of Cork): Catherine Withers v
Samantha Delaney, Motor Insurers Bureau of Ireland
(MIBI) (1)

(Article 104(3) of the Rules of Procedure — Answer
which may be clearly deduced from existing case-law —
Approximation of laws — Directives 72/166/EEC and 84/
5/EEC — Compulsory insurance against civil liability in
respect of motor vehicles — Injury caused to passengers)

(2002/C 305/11)

(Language of the case: English)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-158/01: Reference to the Court under Article 234 EC
by the Circuit Court, County of Cork (Ireland), for a preliminary
ruling in the proceedings pending before that court between
Catherine Withers and Samantha Delaney, Motor Insurers
Bureau of Ireland (MIBI), on the interpretation of Council Direc-
tive 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), and 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 (OJ 1984 L 8, p. 17), the Court (First Chamber), compo-
sed of: M. Wathelet, President of the Chamber, P. Jann(Rapporte-
ur) and A. Rosas, Judges; S. Alber, Advocate General; R. Grass,
Registrar, having informed the court of referral that the Court
proposed to give its decision by reasoned order in accordance
with Article 104(3) of the Rules of Procedure, having invited the
persons referred to in Article 20 of the EC Statute of the Court
of Justice to submit any observations which they might wish to
make in that regard, has made an order on 14 October 2002,
the operative part of which is as follows:

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 motor vehicles, and to the enforce-
ment of the obligation to insure against such liability, and Second
Council Directive 84/5/EEC of 30 December 1983 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 are to be interpreted
as meaning that theydo not precludea Member Statefrom maintaining
national
legislation which does not require compulsory insurance
against civil liability arising from the use of motor vehicles to cover
personal injuries to passengers carried in a part of the vehicle other than
a large public service vehicle, unless that part of the vehicle was designed
and constructed with seating accommodation for passengers.

( 1) OJ C 186 of 30.6.2001.

(First Chamber)

of 8 October 2002

in Case C-190/02 (Reference for a preliminary ruling from
the Giudice di pace de Genova-Voltri): Viacom Outdoor
Srl v Giotto Immobilier SARL (1)

(Reference for a preliminary ruling — Inadmissibility)

(2002/C 305/12)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Italy)

In Case C-190/02: Reference to the Court, under Article 234
for a
EC, by the Giudice di Pace of Genoa-Voltri
preliminary ruling in the proceedings pending before that
court between Viacom Outdoor Srl and Giotto Immobilier
SARL, on the interpretation of Articles 2 EC; 3(1)(a), (b) and
(c) EC; 23 EC; 27(a), (b) and (d) EC; 31(1) and (3) EC; 49 EC;
the Court
50 EC; 81 EC; 82 EC; 86 EC and 87 EC,
(First Chamber), composed of: M. Wathelet, President of the
Chamber, P. Jann and A. Rosas (Rapporteur), Judges; S. Alber,
Advocate General; R. Grass, Registrar, has made an order on
8 October 2002, the operative part of which is as follows:

The reference for a preliminary ruling submitted by the Giudice di
Pace of Genoa-Voltri by order of 9 April 2002 is inadmissible.

(1) OJ C 169 of 13.7.2002.

Reference for a preliminary ruling by the Oberster
Gerichtshof (Republic of Austria) by order of that Court
of 11 July 2002 in the matter of the care of the minor Nils
Laurin Effing

(Case C-302/02)

(2002/C 305/13)

Reference has been made to the Court of
Justice of the
European Communities by order of the Oberster Gerichtshof
(Republic of Austria) (Supreme Court of Justice) of 11 July
2002, received at the Court Registry on 26 August 2002, for
a preliminary ruling in the matter of the care of the minor Nils
Laurin Effing on the following question: