CELEX: 62016CA0287
Language: en
Date: 2017-07-20 00:00:00
Title: Case C-287/16: Judgment of the Court (Sixth Chamber) of 20 July 2017 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Fidelidade-Companhia de Seguros SA v Caisse Suisse de Compensation, Fundo de Garantia Automóvel, Sandra Cristina Crystello Pinto Moreira Pereira, Sandra Manuela Teixeira Gomes Seemann, Catarina Ferreira Seemann, José Batista Pereira and Teresa Rosa Teixeira (Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Second Directive 84/5/EEC — Article 2(1) — Insurance contract concluded on the basis of false statements concerning the ownership of the vehicle and the identity of its usual driver — Policyholder — No economic interest in the conclusion of that contract — Insurance contract null and void — Whether that nullity may be invoked against third-party victims)

9.10.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 338/2
            
         Judgment of the Court (Sixth Chamber) of 20 July 2017 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Fidelidade-Companhia de Seguros SA v Caisse Suisse de Compensation, Fundo de Garantia Automóvel, Sandra Cristina Crystello Pinto Moreira Pereira, Sandra Manuela Teixeira Gomes Seemann, Catarina Ferreira Seemann, José Batista Pereira and Teresa Rosa Teixeira
   (Case C-287/16) (1)
   
   ((Reference for a preliminary ruling - Insurance against civil liability in respect of the use of motor vehicles - Directive 72/166/EEC - Article 3(1) - Second Directive 84/5/EEC - Article 2(1) - Insurance contract concluded on the basis of false statements concerning the ownership of the vehicle and the identity of its usual driver - Policyholder - No economic interest in the conclusion of that contract - Insurance contract null and void - Whether that nullity may be invoked against third-party victims))
   (2017/C 338/02)
   Language of the case: Portuguese
   
      Referring court
   
   Supremo Tribunal de Justiça
   
      Parties to the main proceedings
   
   
      Applicant: Fidelidade-Companhia de Seguros SA
   
      Defendants: Caisse Suisse de Compensation, Fundo de Garantia Automóvel, Sandra Cristina Crystello Pinto Moreira Pereira, Sandra Manuela Teixeira Gomes Seemann, Catarina Ferreira Seemann, José Batista Pereira and Teresa Rosa Teixeira
   
      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 the 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, and Article 2(1) of 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 must be interpreted as precluding national legislation which would have the effect of making it possible to invoke against third-party victims, in circumstances such as those at issue in the main proceedings, the nullity of a contract for motor vehicle insurance against civil liability arising as a result of the policyholder initially making false statements concerning the identity of the owner and of the usual driver of the vehicle concerned or from the fact that the person for whom or on whose behalf that insurance contract was concluded had no economic interest in the conclusion of that contract.
   
      (1)  OJ C 326, 6.9.2016.