CELEX: 62010CN0363
Language: en
Date: 2010-07-21 00:00:00
Title: Case C-363/10: Reference for a preliminary ruling from the Tribunal Judicial de Póvoa de Lanhoso (Portugal) lodged on 21 July 2010 — Maria de Jesus Barbosa Rodrigues v Companhia de Seguros Zurich SA

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/19
            
         
      Reference for a preliminary ruling from the Tribunal Judicial de Póvoa de Lanhoso (Portugal) lodged on 21 July 2010 — Maria de Jesus Barbosa Rodrigues v Companhia de Seguros Zurich SA
      (Case C-363/10)
      ()
      (2010/C 288/31)
      Language of the case: Portuguese
      
         Referring court
      
      Tribunal Judicial de Póvoa de Lanhoso
      
         Parties to the main proceedings
      
      
         Applicant: Maria de Jesus Barbosa Rodrigues
      
         Defendant: Companhia de Seguros Zurich SA
      
         Question referred
      
      In a motor-vehicle collision in which none of the drivers is liable for the accident on the basis of fault, and which has resulted in the death of one them, is it contrary to Community law, in particular Article 3(1) of the First Directive (Directive 72/166/EEC), (1) Article 2(1) of the Second Directive (84/5/EEC) (2) and Article 1 of the Third Directive (90/232/EEC), (3) as those provisions have been interpreted by the Court of Justice of the European Communities, for it to be possible to apportion liability for risk (Article 506(1) and (2) of the Código Civil) with a direct impact on the amount of compensation to be awarded to the persons having a right to compensation — the victim’s parents — (since that apportionment of liability for risk will entail a commensurate reduction in the amount of compensation)?
      
         (1)  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 (OJ, English Special Edition 1972 (II), p. 360).
      
         (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 vehicles (OJ 1984 L 8, p. 17).
      
         (3)  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 vehicles (OJ 1990 L 129, p. 33).