CELEX: 62016CN0334
Language: en
Date: 2016-06-15 00:00:00
Title: Case C-334/16: Request for a preliminary ruling from the Audiencia Provincial de Albacete (Spain) lodged on 15 June 2016 — José Luís Núñez Torreiro v Seguros Chartis Europe, S.A.

22.8.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/17
            
         Request for a preliminary ruling from the Audiencia Provincial de Albacete (Spain) lodged on 15 June 2016 — José Luís Núñez Torreiro v Seguros Chartis Europe, S.A.
   (Case C-334/16)
   (2016/C 305/25)
   Language of the case: Spanish
   
      Referring court
   
   Audiencia Provincial de Albacete
   
      Parties to the main proceedings
   
   
      Appellant: José Luís Núñez Torreiro
   
      Respondent: Seguros Chartis Europe, S.A.
   
      Questions referred
   
   
               1.
            
            
               May the concept ‘use of vehicles’, as an insurance risk for civil liability in respect of the use of motor vehicles, to which the Community legislation (inter alia, Article 3 of Directive 2009/103/EC (1) of the European Parliament and of the Council of 16 September 2009) refers, be determined by the national legislation of a Member State differently from how it is determined by the Community legislation?
            
         
               2.
            
            
               If so, may that concept exclude (in addition to specific persons, plates or types of vehicles, as recognised by Article 5(1) and (2) of that Directive) circumstances which depend on the place in which the vehicle is used, such as roads, or terrain ‘unsuitable’ for motor vehicles?
            
         
               3.
            
            
               Similarly, is it possible to exclude as ‘use of a vehicle’ certain activities of the vehicle relating to its purpose (such as its sporting, industrial or agricultural use) or relating to the driver’s intention (for example, the commission of an intentional offence with the vehicle)?
            
         
      (1)  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.
   
      OJ 2009 L 263, p. 11.