CELEX: 62016CA0503
Language: en
Date: 2017-09-14 00:00:00
Title: Case C-503/16: Judgment of the Court (Sixth Chamber) of 14 September 2017 (request for a preliminary ruling from the Tribunal da Relação de Évora — Portugal) — Luís Isidro Delgado Mendes v Crédito Agrícola Seguros — Companhia de Seguros de Ramos Reais SA (Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2009/103/EC — Theft of a vehicle — Motor vehicle accident — Personal injuries and property damage sustained by the insured owner of the vehicle, as a pedestrian — Civil liability — Compensation — Compulsory insurance cover — Exclusion clauses — National legislation excluding the insured owner of the vehicle from compensation from the insurers — Compatibility with those directives — Concept of ‘third parties who have been victims’)

13.11.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 382/25
            
         Judgment of the Court (Sixth Chamber) of 14 September 2017 (request for a preliminary ruling from the Tribunal da Relação de Évora — Portugal) — Luís Isidro Delgado Mendes v Crédito Agrícola Seguros — Companhia de Seguros de Ramos Reais SA
   (Case C-503/16) (1)
   
   ((Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2009/103/EC - Theft of a vehicle - Motor vehicle accident - Personal injuries and property damage sustained by the insured owner of the vehicle, as a pedestrian - Civil liability - Compensation - Compulsory insurance cover - Exclusion clauses - National legislation excluding the insured owner of the vehicle from compensation from the insurers - Compatibility with those directives - Concept of ‘third parties who have been victims’))
   (2017/C 382/29)
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal da Relação de Évora
   
      Parties to the main proceedings
   
   
      Applicant: Luís Isidro Delgado Mendes
   
      Defendant: Crédito Agrícola Seguros — Companhia de Seguros de Ramos Reais SA
   
      Operative part of the judgment
   
   Article 3(1) of 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, Article 1(1) and Article 2(1) of the 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 1a of the 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 vehicle, as amended by Directive 2005/14, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which excluded from coverage under compulsory insurance against civil liability with respect to the use of motor vehicles and, therefore, compensation by means of that insurance the personal injuries and property damage sustained by a pedestrian victim of a motor vehicle accident, on the sole ground that that pedestrian was the insurance policy-holder and the owner of the vehicle that caused those injuries and that damage.
   
      (1)  OJ C 454, 5.12.2016.