CELEX: 62012CN0096
Language: en
Date: 2012-03-22 00:00:00
Title: Case C-96/12: Reference for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 22 February 2012 — Domingos Freitas and Maria Adília Monteiro Pinto v Companhia de Seguros Allianz Portugal SA

12.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/4
            
         Reference for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 22 February 2012 — Domingos Freitas and Maria Adília Monteiro Pinto v Companhia de Seguros Allianz Portugal SA
   (Case C-96/12)
   2012/C 138/06
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal da Relação de Guimarães
   
      Parties to the main proceedings
   
   
      Applicants: Domingos Freitas and Maria Adília Monteiro Pinto
   
      Defendant: Companhia de Seguros Allianz Portugal SA
   
      Question referred
   
   In a road-traffic accident involving a motor vehicle and a minor riding a bicycle, in which the cyclist suffers personal and material damage, is the exclusion or reduction of compensation for such damage where the damage-causing event is due to the conduct of the cyclist contrary to [European Union] law and, in particular, to Article 3(1) of the First Directive (72/166/EEC), (1) Article 2(1) of the Second Directive (84/5/EEC) (2) and Article 1a of the Third Directive (90/232/EEC), (3) inserted by Article 4 of the Fifth Directive (2005/14/EC) (4) (all relating to insurance against civil liability in respect of the use of motor vehicles), in the light of the case-law of the Court of Justice [of the European Union] concerning the circumstances in which compensation on the basis of compulsory motor vehicle insurance may be limited?
   
      (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).
   
      (4)  Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14).