CELEX: C2006/060/26
Language: en
Date: 2006-03-11 00:00:00
Title: Order of the Court (Second Chamber) of  1 December 2005  in Case C-447/04: Reference for a preliminary ruling from the Landesgericht Innsbruck in Autohaus Ostermann GmbH v VAV Versicherungs AG (Article 104(3) second subparagraph of the Rules of Procedure — Automobile civil liability insurance — Directive 2000/26/EC — Period for insurance undertaking to assess compensation claims)

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/12
            
         
      ORDER OF THE COURT
   
   (Second Chamber)
   of 1 December 2005
   in Case C-447/04: Reference for a preliminary ruling from the Landesgericht Innsbruck in Autohaus Ostermann GmbH v VAV Versicherungs AG (1)
   
   (Article 104(3) second subparagraph of the Rules of Procedure - Automobile civil liability insurance - Directive 2000/26/EC - Period for insurance undertaking to assess compensation claims)
   (2006/C 60/26)
   Language of the case: German
   In Case C-447/04: reference for a preliminary ruling under Article 234 EC from the Landesgericht Innsbruck, (Austria), made by decision of 30 September 2004, received at the Court on 27 October 2004, in the proceedings between Autohaus Ostermann GmbH and VAV Versicherungs AG — the Court (Second Chamber), composed of C.W.A. Timmermans (Rapporteur), President of the Chamber, R. Schintgen, R. Silva de Lapuerta, G. Arestis and J. Klučka,, Judges; P. Léger, Advocate General; R. Grass, Registrar, made an order on 1 December 2005, the operative part of which is as follows:
   Article 4(6) of 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) is to be interpreted as not precluding a national rule from allowing an injured party to bring a legal action against the insurance undertaking within the three-month period set down by that provision, after the setting of a reasonable period for payment.
   
      (1)  OJ C 314, 18.12.2004.