Case C-537/03: Reference for a preliminary ruling by the [copy and paste] by order of that Court of 19 December 2003 in the case brought by Katja Susanne Candolin, Jari-Antero Viljaniemi, Veli-Matti Paananen, Vahinkovakuutusosakeyhtiö Pohjola, and Jarno Kalervo Ruokoranta
Date: 2004-03-06
Institutions: Court of Justice
Subjects: alcoholism, carriage of passengers, drivers, interpretation of the law, third-party insurance, transport accident

C 59/10

EN

Official Journal of the European Union

6.3.2004

Action brought on 15 December 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

22 December 2003, for a preliminary ruling in the case
brought by Katja Susanne Candolin, Jari-Antero Viljaniemi,
Veli-Matti Paananen, Vahinkovakuutusosakeyhtiö Pohjola, and
Jarno Kalervo Ruokoranta on the following questions:

(Case C-534/03)

(2004/C 59/16)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
15 December 2003 by the Commission of the European
Communities, represented by K. Simonsson and W. Wils,
acting as Agents.

The applicant claims that the Court should:

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2002/35/EC (1) of 25 April 2002
concerning the setting up of a harmonised safety regime
for fishing vessels of 24 metres in length and over, or, in
any event, by failing to notify the Commission of those
measures, the Kingdom of Belgium has failed to fulfil its
obligations under that directive;

2.

order the Kingdom of Belgium to pay the costs.

1. Does the requirement in Article 1 of the Third Directive
90/232/EEC (1), under which all passengers other than
the driver are to be compensated from insurance for
personal injuries arising out of the use of a vehicle, or
any other provision or principle of Community law lay
down restrictions in assessing the significance of the
passenger’s own contributory fault under national law, in
connection with his right to compensation payable from
compulsory motor vehicle insurance?

2.

Is it consistent with Community law, in any situation
other than the cases mentioned in the second subpara-
graph of Article 2(1) of the Second Directive 84/5/EEC (2),
to exclude or limit, on the basis of the conduct of a
passenger in a vehicle, his right to obtain compensation
from compulsory motor vehicle insurance for road
accident damage? May that come into question,
for
example, when a person has entered a vehicle as a
passenger although he could have seen that the danger of
an accident and of his suffering injury was greater than
normal?

Pleas in law and main arguments

The period for implementation of the Directive expired on
1 January 2003.

3. Does Community law preclude the driver’s intoxication,
which influences his capability of driving the vehicle
safely, from being regarded as such a factor to be taken
into account?

(1) OJ 2002 L 112, p. 21.

Reference for a preliminary ruling by the [copy and paste]
by order of that Court of 19 December 2003 in the
case brought by Katja Susanne Candolin, Jari-Antero
Viljaniemi, Veli-Matti Paananen, Vahinkovakuutusosake-
yhtiö Pohjola, and Jarno Kalervo Ruokoranta

(Case C-537/03)

(2004/C 59/17)

Reference has been made to the Court of Justice of the
European Communities by order of the [copy and paste]
of 19 December 2003, received at the Court Registry on

4. Does Community law preclude the right of a car owner
who is a passenger in the car to compensation for
personal injury payable from compulsory motor vehicle
insurance from being assessed more severely than that of
other passengers on the ground that he permitted an
intoxicated person to drive his car?

(1) 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 (OJ L 129 of 19.5.1990, p. 33).

(2) 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 L 8 of 11.1.1984, p. 17).