Case C-409/09: Judgment of the Court (Third Chamber) of 9 June 2011 (reference for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal)) — José Maria Ambrósio Lavrador, Maria Cândida Olival Ferreira Bonifácio v Companhia de Seguros Fidelidade-Mundial SA (Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Conditions for limitation — Victim’s contribution to his own loss or injury — Liability for risk — Provisions applicable to a child third party who is the victim of an accident)
Date: 2011-06-09
Institutions: Court of Justice
Subjects: Portugal, civil liability, indemnification, interpretation of the law, motor car, transport accident, young person








C_2011226EN.01000402.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/4





Judgment of the Court (Third Chamber) of 9 June 2011 (reference for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal)) — José Maria Ambrósio Lavrador, Maria Cândida Olival Ferreira Bonifácio v Companhia de Seguros Fidelidade-Mundial SA
(Case C-409/09) (1)

(Insurance against civil liability in respect of the use of motor vehicles - Directives 72/166/EEC, 84/5/EEC and 90/232/EEC - Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles - Conditions for limitation - Victim’s contribution to his own loss or injury - Liability for risk - Provisions applicable to a child third party who is the victim of an accident)
2011/C 226/06
Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings


Applicants: José Maria Ambrósio Lavrador, Maria Cândida Olival Ferreira Bonifácio

Defendant: Companhia de Seguros Fidelidade-Mundial SA

Re:

Reference for a preliminary ruling — Supremo Tribunal de Justiça — Interpretation of Article 1 of the 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 1990 L 129, p. 33) — Extent of compulsory third party insurance cover — Provisions applicable to third party victims of an accident who are minors

Operative part of the judgment

The Court (Third Chamber) hereby rules:
Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of 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, 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, 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, must be interpreted as not precluding national provisions falling within civil liability law that allow exclusion or limitation of the right of the victim of an accident to claim compensation under the civil liability insurance of the motor vehicle involved in the accident, on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury.


(1)  OJ C 11, 16.1.2010.