CELEX: 62020CA0428
Language: en
Date: 2021-12-21 00:00:00
Title: 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)

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.