Case C-245/25, DZI – OBSHTO ZASTRAHOVANE: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 1 April 2025 – DZI – OBSHTO ZASTRAHOVANE EAD v ZK LEV INS AD
Date: 2025-04-01
Institutions: Court of Justice
Subjects: European standard, application of EU law, artificial intelligence, expert's report ordered by a court, harmonisation of standards, new technology, principle of legal certainty, right to justice, self-employed person, software








C_202600276EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/276


26.1.2026






Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 1 April 2025 – ‘DZI – OBSHTO ZASTRAHOVANE’ EAD v ZK ‘LEV INS’ AD


(Case C-245/25, DZI – OBSHTO ZASTRAHOVANE)

(C/2026/276)
Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings


Applicant:
            ‘DZI – OBSHTO ZASTRAHOVANE’ EAD

Defendant: ZK ‘LEV INS’ AD

Questions referred







1.


Is the term 
                        ‘high-risk AI system’
                      within the meaning of point 8 of Annex III to Regulation No 2024/1[68]9 (1) to be interpreted as including a software program that generates automated outcomes or uses elements of artificial intelligence and assists the expert in producing an expert’s report, on the basis of which the court will deliver its final judicial decision?










2.


Is Article 101 TFEU to be interpreted as meaning that the court may rely on an expert’s report that has been produced with the assistance of a software product which is not intended for the Community market but which the expert has adapted to the requirements and standards of the European Community?










3.


Are Article 86(1) of Regulation (EC) No 2024/1[68]9 and the principle of human oversight/verification to be interpreted as permitting a national court to use, for the purposes of delivering the final judicial decision, an expert’s report produced by an expert but with the assistance of artificial intelligence or an algorithm for automated outcome generation, only if the expert has manually verified the outcome generated by the artificial intelligence or algorithm, taking into account the facts and their likely existence in objective reality on the basis of his or her knowledge of science and technology and his or her professional experience?










4.


Is the right to a fair and independent tribunal provided for in Article 19 TEU and the principle of transparency in relation to automated decision-making under Article 86(1) of Regulation No 2024/1[68]9 to be interpreted as permitting a national court to rely on an expert’s report that has been produced with the assistance of artificial intelligence or an automatedly generated outcome, provided that the expert’s report has been verified by the expert on the basis of his or her professional experience and knowledge?










5.


Is the right to a fair and independent tribunal provided for in Article 19 TEU and the principle of traceability in relation to automated decision-making under Article 86(1) of Regulation (EC) No 2024/1[68]9 to be interpreted as meaning that the production of an expert’s report may be assisted by AI or an automatedly generated outcome, which is not consistent with European standards, provided that the expert has taken into account the established facts and the evidence gathered and adapted these [tools] to European standards when producing the expert’s report?










6.


Must the right to human oversight of important decisions, the principle of traceability and the principle of explainability under Article 86(1) of Regulation No 2024/1[68]9 be interpreted as meaning that these principles are satisfied if the expert has reviewed the automatedly generated decision and amended the default settings of the software by adapting them to the established facts and to his or her professional knowledge and experience?










7.


Are the principle of explainability and the principle of traceability under Article 86(1) of Regulation No 2024/1[68]9 in relation to the black box effect to be interpreted as requiring the expert, when producing an expert’s report assisted by AI or an automatedly generated outcome, to provide a full account of the algorithm for all the calculations and assumptions made, including elementary calculations which are used as substitutes for formulas and which do not provide any concrete information on the subject matter of the dispute?










8.


Is Article 86(1) of Regulation No 2024/1[68]9 to be interpreted as meaning that the right to an explanation is satisfied if the expert has verified the outcome generated by AI or an algorithm for automated outcome generation on the basis of his or her professional skills and experience in the matter?










9.


Must Article 267 of the Treaty on the Functioning of the European Union, the principle of legal certainty and the principle of the obligation not to act be interpreted as meaning that a national court may make a reference for a preliminary ruling regarding the interpretation of an EU regulation which has entered into force but the provisions of which are not yet applicable, where the legal effects of that regulation are relevant to the resolution of a case pending before that court?










10.


Must Article 113 of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and the principle of sincere cooperation be interpreted as meaning that that regulation applies ratione temporis (by reason of time) to legal relationships that arise before the date on which it becomes applicable but that continue to produce legal effects after that date?






(1)  Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (OJ L, 2024/1689).


ELI: http://data.europa.eu/eli/C/2026/276/oj
ISSN 1977-091X (electronic edition)