CELEX: 62020CN0375
Language: en
Date: 2020-08-10 00:00:00
Title: Case C-375/20: Request for a preliminary ruling from the Tribunal da Relação de Coimbra (Portugal) lodged on 10 August 2020 — Liberty Seguros SA v DR

19.10.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 348/10
            
         
      Request for a preliminary ruling from the Tribunal da Relação de Coimbra (Portugal) lodged on 10 August 2020 — Liberty Seguros SA v DR
      (Case C-375/20)
      (2020/C 348/14)
      Language of the case: Portuguese
      
         Referring court
      
      Tribunal da Relação de Coimbra
      
         Parties to the main proceedings
      
      
         Applicant: Liberty Seguros SA
      
         Defendant: DR
      
         Interveners: Fundo de Garantia Automóvel, VS, FN, JT, Seguradoras Unidas, SA
      
         Question referred
      
      Does [EU] law, and in particular Directive 2009/103/EC (1) of the European Parliament and of the Council, preclude national legislation which allows the nullity of a contract of insurance taken out against civil liability in respect of the use of motor vehicles to be relied on as against injured third parties and the Fundo de Garantia Automóvel (Portuguese motor vehicle insurance guarantee fund) where that nullity results from the fact that the policyholder has used the insured vehicle for the clandestine and illegal transport of persons and goods for remuneration and has concealed its use for that purpose from the insurer? Would the answer be the same even if the passengers had known that the transport was clandestine and unlawful?
      
         (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).