Case C-486/11: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — Jonathon Rodrigues Esteves v Companhia de Seguros Allianz Portugal 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, 90/232/EEC and 2005/14/EC — 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 — Exclusion or 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.01004102.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/41





Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — Jonathon Rodrigues Esteves v Companhia de Seguros Allianz Portugal SA
(Case C-486/11) (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, 90/232/EEC and 2005/14/EC - 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 - Exclusion or limitation of the right to compensation)
2013/C 225/70
Language of the case: Portuguese

Referring court

Tribunal da Relação de Guimarães

Parties to the main proceedings


Applicant: Jonathon Rodrigues Esteves

Defendant: Companhia de Seguros Allianz Portugal SA

Re:

Request for a preliminary ruling -Tribunal da Relação de Guimarães — Interpretation of Article 1a of 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) — National provisions allowing the exclusion of the right of victims to compensation for accidents on the basis of an individual assessment of their contribution to the accident

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 355, 3.12.2011.