CELEX: C2002/305/11
Language: en
Date: 2002-12-07 00:00:00
Title: Order of the Court (First Chamber) of 14 October 2002 in Case C-158/01 (Reference for a preliminary ruling from the Circuit Court, County of Cork): Catherine Withers v Samantha Delaney, Motor Insurers Bureau of Ireland (MIBI) (Article 104(3) of the Rules of Procedure — Answer which may be clearly deduced from existing case-law — Approximation of laws — Directives 72/166/EEC and 84/5/EEC — Compulsory insurance against civil liability in respect of motor vehicles — Injury caused to passengers)

C 305/8                     EN                        Official Journal of the European Communities                                          7.12.2002
                        ORDER OF THE COURT                                                           ORDER OF THE COURT
                              (First Chamber)
                                                                                                           (First Chamber)
                           of 14 October 2002
                                                                                                         of 8 October 2002
in Case C-158/01 (Reference for a preliminary ruling from
the Circuit Court, County of Cork): Catherine Withers v
                                                                                 in Case C-190/02 (Reference for a preliminary ruling from
Samantha Delaney, Motor Insurers Bureau of Ireland
                                                                                 the Giudice di pace de Genova-Voltri): Viacom Outdoor
                                  (MIBI) (1)
                                                                                                Srl v Giotto Immobilier SARL ( 1)
(Article 104(3) of the Rules of Procedure — Answer
which may be clearly deduced from existing case-law —                                 (Reference for a preliminary ruling — Inadmissibility)
Approximation of laws — Directives 72/166/EEC and 84/
5/EEC — Compulsory insurance against civil liability in                                                    (2002/C 305/12)
    respect of motor vehicles — Injury caused to passengers)
                              (2002/C 305/11)                                                        (Language of the case: Italian)
                       (Language of the case: English)                           (Provisional translation; the definitive translation will be published
                                                                                                    in the European Court Reports)
(Provisional translation; the definitive translation will be published
                       in the European Court Reports)
                                                                                 In Case C-190/02: Reference to the Court, under Article 234
In Case C-158/01: Reference to the Court under Article 234 EC
                                                                                 EC, by the Giudice di Pace of Genoa-Voltri (Italy) for a
by the Circuit Court, County of Cork (Ireland), for a preliminary
                                                                                 preliminary ruling in the proceedings pending before that
ruling in the proceedings pending before that court between
                                                                                 court between Viacom Outdoor Srl and Giotto Immobilier
Catherine Withers and Samantha Delaney, Motor Insurers
                                                                                 SARL, on the interpretation of Articles 2 EC; 3(1)(a), (b) and
Bureau of Ireland (MIBI), on the interpretation of Council Direc-
                                                                                 (c) EC; 23 EC; 27(a), (b) and (d) EC; 31(1) and (3) EC; 49 EC;
tive 72/166/EEC of 24 April 1972 on the approximation of the
                                                                                 50 EC; 81 EC; 82 EC; 86 EC and 87 EC, the Court
laws of the Member States relating to insurance against civil
                                                                                 (First Chamber), composed of: M. Wathelet, President of the
liability in respect of the use of motor vehicles, and to the
                                                                                 Chamber, P. Jann and A. Rosas (Rapporteur), Judges; S. Alber,
enforcement of the obligation to insure against such liability
                                                                                 Advocate General; R. Grass, Registrar, has made an order on
(OJ, English Special Edition 1972 (II), p. 360), and of Second
                                                                                 8 October 2002, the operative part of which is as follows:
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                 The reference for a preliminary ruling submitted by the Giudice di
vehicles (OJ 1984 L 8, p. 17), the Court (First Chamber), compo-                 Pace of Genoa-Voltri by order of 9 April 2002 is inadmissible.
sed of: M. Wathelet, President of the Chamber, P. Jann(Rapporte-
ur) and A. Rosas, Judges; S. Alber, Advocate General; R. Grass,
Registrar, having informed the court of referral that the Court                  (1 ) OJ C 169 of 13.7.2002.
proposed to give its decision by reasoned order in accordance
with Article 104(3) of the Rules of Procedure, having invited the
persons referred to in Article 20 of the EC Statute of the Court
of Justice to submit any observations which they might wish to
make in that regard, has made an order on 14 October 2002,
the operative part of which is as follows:
                                                                                 Reference for a preliminary ruling by the Oberster
Council Directive 72/166/EEC of 24 April 1972 on the approxi-                    Gerichtshof (Republic of Austria) by order of that Court
mation of the laws of the Member States relating to insurance against            of 11 July 2002 in the matter of the care of the minor Nils
civil liability in respect of the use of motor vehicles, and to the enforce-                                 Laurin Effing
ment of the obligation to insure against such liability, and Second
Council Directive 84/5/EEC of 30 December 1983 on the approxi-
                                                                                                           (Case C-302/02)
mation of the laws of the Member States relating to insurance against
civil liability in respect of the use of motor vehicles are to be interpreted
as meaning that theydo not precludea Member Statefrom maintaining                                          (2002/C 305/13)
national legislation which does not require compulsory insurance
against civil liability arising from the use of motor vehicles to cover
personal injuries to passengers carried in a part of the vehicle other than
a large public service vehicle, unless that part of the vehicle was designed     Reference has been made to the Court of Justice of the
and constructed with seating accommodation for passengers.                       European Communities by order of the Oberster Gerichtshof
                                                                                 (Republic of Austria) (Supreme Court of Justice) of 11 July
                                                                                 2002, received at the Court Registry on 26 August 2002, for
( 1) OJ C 186 of 30.6.2001.
                                                                                 a preliminary ruling in the matter of the care of the minor Nils
                                                                                 Laurin Effing on the following question: