Case C-428/20: Judgment of the Court (Second Chamber) of 21 December 2021 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — A.K. v Skarb Państwa (Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Second Directive 84/5/EEC — Article 1(2) — Directive 2005/14/EC — Directive 2009/103/EC — Article 9(1) — Obligation to increase the minimum amounts covered by compulsory insurance — Transitional period — New rule applying immediately to the future effects of a situation arising under the old rule — Situation arising prior to the entry into force of an EU rule of substantive law — National legislation excluding insurance contracts concluded before 11 December 2009 from the obligation to increase the minimum amounts covered by compulsory insurance)
Date: 2021-12-21
Institutions: Court of Justice
Subjects: civil liability, compulsory insurance, indemnification, insurance indemnity, motor vehicle, motor vehicle insurance, third-party insurance, transport accident








C_2022084EN.01001701.xml










21.2.2022   


EN


Official Journal of the European Union


C 84/17






Judgment of the Court (Second Chamber) of 21 December 2021 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — A.K. v Skarb Państwa
(Case C-428/20) (1)

(Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Second Directive 84/5/EEC - Article 1(2) - Directive 2005/14/EC - Directive 2009/103/EC - Article 9(1) - Obligation to increase the minimum amounts covered by compulsory insurance - Transitional period - New rule applying immediately to the future effects of a situation arising under the old rule - Situation arising prior to the entry into force of an EU rule of substantive law - National legislation excluding insurance contracts concluded before 11 December 2009 from the obligation to increase the minimum amounts covered by compulsory insurance)
(2022/C 84/19)
Language of the case: Polish

Referring court

Sąd Apelacyjny w Warszawie

Parties to the main proceedings


Applicant: A.K.

Defendant: Skarb Państwa

Operative part of the judgment

Article 1(2) 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, and Article 9(1) of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability must be interpreted as meaning that Member States which have availed themselves of the option, provided for in those provisions, of laying down a transitional period were obliged to require that, as from 11 December 2009, the minimum amounts guaranteed in insurance contracts against civil liability in respect of the use of motor vehicles concluded before that date but which were still in force on that date comply with the rule laid down in the fourth paragraph of those provisions.


(1)  OJ C 278, 12.7.2021.