CELEX: C2000/335/07
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 September 2000 in Case C-348/98 (reference for a preliminary ruling from the Tribunal da Comarca de Setúbal): Vitor Manuel Mendes Ferreira and Maria Clara Delgado Correia Ferreira v Companhia de Seguros Mundial Confiança SA (Compulsory insurance against civil liability in respect of motor vehicles — Directives 84/5/EEC and 90/232/EEC — Minimum amounts of cover — Type of civil liability — Injury caused to a member of the family of the insured person or driver)

C 335/4                  EN                      Official Journal of the European Communities                                            25.11.2000
      obligation to do so derives from the employment relationship                accident and whose liability is covered by compulsory motor-
      between those employees and the transferor, and in accordance               vehicle insurance, where those passengers are carried free of
      with the terms agreed in that relationship. Directive 77/187                charge, whether or not there is any fault on the part of the
      does not, however, preclude the transferee from altering the                driver of the vehicle which caused the accident, only if the
      terms of the employment relationship where national law allows              domestic law of the Member State concerned requires such cover
      such an alteration in situations other than the transfer of an              in respect of personal injuries caused in the same conditions to
      undertaking.                                                                other third-party passengers.
(1) OJ C 358 of 21.11.1998.                                                 2.    Articles 1(2) and 5(3) of Directive 84/5, as amended by
                                                                                  Annex I, Part IX F, entitled ‘Insurance’, of the Act concerning
                                                                                  the conditions of accession of the Kingdom of Spain and the
                                                                                  Portuguese Republic and the adjustments to the Treaties,
                                                                                  preclude domestic laws laying down maximum amounts of
                                                                                  compensation that are lower than the minimum amounts of
                 JUDGMENT OF THE COURT
                                                                                  cover laid down by those provisions where, in the absence of
                           (Fifth Chamber)                                        fault on the part of the driver of the vehicle which caused the
                                                                                  accident, only civil liability for materialisation of risk arises.
                      of 14 September 2000
in Case C-348/98 (reference for a preliminary ruling from                   (1) OJ C 358 of 21.11.1998.
the Tribunal da Comarca de Setúbal): Vitor Manuel
Mendes Ferreira and Maria Clara Delgado Correia Ferreira
    v Companhia de Seguros Mundial Confiança SA (1)
(Compulsory insurance against civil liability in respect of
motor vehicles — Directives 84/5/EEC and 90/232/EEC —
Minimum amounts of cover — Type of civil liability —
Injury caused to a member of the family of the insured                                        JUDGMENT OF THE COURT
                           person or driver)
                                                                                                      (Fourth Chamber)
                           (2000/C 335/07)
                                                                                                  of 14 September 2000
                  (Language of the case: Portuguese)
                                                                            in Case C-369/98 (reference for a preliminary ruling from
(Provisional translation; the definitive translation will be published      the High Court of Justice of England and Wales, Queen’s
                    in the European Court Reports)                          Bench Division (Divisional Court)): The Queen v Minister
In Case C-348/98: reference to the Court under Article 177 of               of Agriculture, Fisheries and Food, ex parte Trevor Robert
the EC Treaty (now Article 234 EC) from the Tribunal da                        Fisher and Penny Fisher, trading as ‘TR & P Fisher’ (1)
Comarca de Setúbal, Portugal, for a preliminary ruling in the
proceedings pending before that court between Vitor Manuel                  (Aid schemes — Computerised database — Disclosure of
Mendes Ferreira and Maria Clara Delgado Correia Ferreira and                                              information)
Companhia de Seguros Mundial Confiança SA — on the
interpretation of the Second Council Directive (84/5/EEC) of                                           (2000/C 335/08)
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) and                                   (Language of the case: English)
the 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         In Case C-369/98: reference to the Court under Article 177 of
vehicles (OJ 1990 L 129, p. 33) — the Court (Fifth Chamber),                the EC Treaty (now Article 234 EC) from the High Court of
composed of: D.A.O. Edward, President of the Chamber,                       Justice of England and Wales, Queen’s Bench Division (Div-
L. Sevón (Rapporteur), P.J.G. Kapteyn, P. Jann and H. Ragnem-              isional Court), for a preliminary ruling in the proceedings
alm, Judges; G. Cosmas, Advocate General; R. Grass, Registrar,              pending before that court between The Queen and Minister of
has given a judgment on 14 September 2000, in which it has                  Agriculture, Fisheries and Food, ex parte Trevor Robert Fisher
ruled:                                                                      and Penny Fisher, trading as ‘TR & P Fisher’ — on the
                                                                            interpretation of Articles 3(1) and 9 of Council Regulation
1.    Article 3 of the Second Council Directive (84/5/EEC) of               (EEC) No 3508/92 of 27 November 1992 establishing an
      30 December 1983, on the approximation of the laws of the             integrated administration and control system for certain
      Member States relating to insurance against civil liability in        Community aid schemes (OJ 1992 L 355, p. 1) and of
      respect of the use of motor vehicles, requires compulsory             Article 9 of Commission Regulation (EEC) No 3887/92 of
      insurance against civil liability in respect of the use of motor      23 December 1992 laying down detailed rules for applying
      vehicles to cover personal injuries to passengers who are             the integrated administration and control system for certain
      members of the family of the insured person, of the driver of the     Community aid schemes (OJ 1992 L 391, p. 36) — the Court
      vehicle or of any other person who incurs civil liability for an      (Fourth Chamber), composed of: D.A.O. Edward, President of