CELEX: 62019CA0923
Language: en
Date: 2021-06-10 00:00:00
Title: Case C-923/19: Judgment of the Court (Fifth Chamber) of 10 June 2021 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Van Ameyde España SA v GES, Seguros y Reaseguros SA (Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 1, points 1 and 2 — Article 3, first, second and final paragraphs — Concept of ‘vehicle’ — Obligation to cover damage to property — Scope — Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance — Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred — Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor)

26.7.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/11
            
         
      Judgment of the Court (Fifth Chamber) of 10 June 2021 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Van Ameyde España SA v GES, Seguros y Reaseguros SA
      (Case C-923/19) (1)
      
      (Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 1, points 1 and 2 - Article 3, first, second and final paragraphs - Concept of ‘vehicle’ - Obligation to cover damage to property - Scope - Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance - Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred - Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor)
      (2021/C 297/09)
      Language of the case: Spanish
      
         Referring court
      
      Tribunal Supremo
      
         Parties to the main proceedings
      
      
         Applicant: Van Ameyde España SA
      
         Defendant: GES, Seguros y Reaseguros SA
      
         Operative part of the judgment
      
      The first, second and final paragraphs of Article 3 of 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, read in conjunction with Article 1, points 1 and 2 of that directive, must be interpreted as meaning that they do not preclude an interpretation of national legislation which excludes from cover, and therefore from compensation, by compulsory insurance against civil liability in respect of the use of a road tractor, material damage caused by that tractor to the semi-trailer which was coupled to it when the accident occurred.
      
         (1)  OJ C 103, 30.3.2020.