CELEX: 62007CA0211
Language: en
Date: 2008-02-21 00:00:00
Title: Case C-211/07: Judgment of the Court (Sixth Chamber) of 21 February 2008 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 84/5/EEC — Article 1(4) — Compulsory insurance for civil liability in respect of motor vehicles — Conditions for the exclusion from compensation of passengers in an uninsured vehicle)

12.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 92/8
            
         Judgment of the Court (Sixth Chamber) of 21 February 2008 — Commission of the European Communities v Ireland
   (Case C-211/07) (1)
   
   (Failure of a Member State to fulfil obligations - Incorrect transposition - Directive 84/5/EEC - Article 1(4) - Compulsory insurance for civil liability in respect of motor vehicles - Conditions for the exclusion from compensation of passengers in an uninsured vehicle)
   (2008/C 92/13)
   Language of the case: English
   Parties
   
      Applicant: Commission of the European Communities (represented by: N. Yerrell, Agent)
   
      Defendant: Ireland (represented by: D.J. O'Hagan, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Article 1(4) of 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) — Compensation in respect of damage caused by inadequately insured vehicles — Exclusion conditions going beyond those provided for by the directive
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Declares that, by maintaining in force clauses 5.2 and 5.3 of the Motor Insurance Agreement of 31 March 2004 between the Minister for Transport and the Motor Insurers' Bureau of Ireland, Ireland has failed to fulfil its obligations under the third subparagraph of Article 1(4) of 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.
            
         
               2)
            
            
               Orders Ireland to pay the costs.
            
         
      (1)  OJ C 155, 7.7.2007.