Case C-362/11: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal Judicial de Santa Maria da Feira (Portugal)) — Serafim Gomes Oliveira v Lusitânia — Companhia de Seguros, SA (Article 99 of the Rules of Procedure — 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 — Victim’s contribution to loss or injury — Limitation of the right to compensation)
Date: 2013-03-21
Institutions: Court of Justice
Subjects: Portugal, approximation of laws, help for victims, insurance indemnity, interpretation of the law, road traffic, third-party insurance








C_2013225EN.01004001.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/40





Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal Judicial de Santa Maria da Feira (Portugal)) — Serafim Gomes Oliveira v Lusitânia — Companhia de Seguros, SA
(Case C-362/11) (1)

(Article 99 of the Rules of Procedure - 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 - Victim’s contribution to loss or injury - Limitation of the right to compensation)
2013/C 225/68
Language of the case: Portuguese

Referring court

Tribunal Judicial de Santa maria da Feira

Parties to the main proceedings


Applicant: Serafim Gomes Oliveira

Defendant: Lusitânia — Companhia de Seguros, SA

Re:

Request for a preliminary ruling –Tribunal Judicial de Santa Maria da Feira — Interpretation of 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 (OJ 1972 L 103, p. 1), 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), 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, in particular, Article 1a thereof), Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 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 amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (OJ 2000 L 181, p. 65) and Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14) — Accident between a motor vehicle and a bicycle — Cyclist responsible for less than 20 % of the fault — Proportional reduction of the right to compensation — Admissibility

Operative part of the order

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 282, 24.9.2011.