CELEX: C2004/059/16
Language: en
Date: 2004-03-06 00:00:00
Title: Case C-534/03: Action brought on 15 December 2003 by the Commission of the European Communities against the Kingdom of Belgium

C 59/10               EN                        Official Journal of the European Union                                             6.3.2004
Action brought on 15 December 2003 by the Commission                    22 December 2003, for a preliminary ruling in the case
of the European Communities against the Kingdom of                      brought by Katja Susanne Candolin, Jari-Antero Viljaniemi,
                             Belgium                                    Veli-Matti Paananen, Vahinkovakuutusosakeyhtiö Pohjola, and
                                                                        Jarno Kalervo Ruokoranta on the following questions:
                         (Case C-534/03)
                          (2004/C 59/16)                                1.    Does the requirement in Article 1 of the Third Directive
                                                                              90/232/EEC (1), under which all passengers other than
                                                                              the driver are to be compensated from insurance for
                                                                              personal injuries arising out of the use of a vehicle, or
An action against the Kingdom of Belgium was brought                          any other provision or principle of Community law lay
before the Court of Justice of the European Communities on                    down restrictions in assessing the significance of the
15 December 2003 by the Commission of the European                            passenger’s own contributory fault under national law, in
Communities, represented by K. Simonsson and W. Wils,                         connection with his right to compensation payable from
acting as Agents.                                                             compulsory motor vehicle insurance?
The applicant claims that the Court should:
                                                                        2.    Is it consistent with Community law, in any situation
1.    declare that, by failing to adopt the laws, regulations                 other than the cases mentioned in the second subpara-
      and administrative provisions necessary to comply with                  graph of Article 2(1) of the Second Directive 84/5/EEC (2),
      Commission Directive 2002/35/EC (1) of 25 April 2002                    to exclude or limit, on the basis of the conduct of a
      concerning the setting up of a harmonised safety regime                 passenger in a vehicle, his right to obtain compensation
      for fishing vessels of 24 metres in length and over, or, in             from compulsory motor vehicle insurance for road
      any event, by failing to notify the Commission of those                 accident damage? May that come into question, for
      measures, the Kingdom of Belgium has failed to fulfil its               example, when a person has entered a vehicle as a
      obligations under that directive;                                       passenger although he could have seen that the danger of
                                                                              an accident and of his suffering injury was greater than
2.    order the Kingdom of Belgium to pay the costs.                          normal?
Pleas in law and main arguments                                         3.    Does Community law preclude the driver’s intoxication,
                                                                              which influences his capability of driving the vehicle
                                                                              safely, from being regarded as such a factor to be taken
The period for implementation of the Directive expired on                     into account?
1 January 2003.
(1) OJ 2002 L 112, p. 21.                                               4.    Does Community law preclude the right of a car owner
                                                                              who is a passenger in the car to compensation for
                                                                              personal injury payable from compulsory motor vehicle
                                                                              insurance from being assessed more severely than that of
                                                                              other passengers on the ground that he permitted an
                                                                              intoxicated person to drive his car?
Reference for a preliminary ruling by the [copy and paste]
by order of that Court of 19 December 2003 in the
case brought by Katja Susanne Candolin, Jari-Antero
                                                                        (1) Third Council Directive 90/232/EEC of 14 May 1990 on the
Viljaniemi, Veli-Matti Paananen, Vahinkovakuutusosake-                      approximation of the laws of the Member States relating to
        yhtiö Pohjola, and Jarno Kalervo Ruokoranta                         insurance against civil liability in respect of the use of motor
                                                                            vehicles (OJ L 129 of 19.5.1990, p. 33).
                         (Case C-537/03)                                (2) 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
                          (2004/C 59/17)                                    vehicles (OJ L 8 of 11.1.1984, p. 17).
Reference has been made to the Court of Justice of the
European Communities by order of the [copy and paste]
of 19 December 2003, received at the Court Registry on