CELEX: E2000P0007
Language: en
Date: 2000-07-10 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by Hérasdómur Reykjavíkur (Reykjavík District Court) in the case of Halla Helgadóttir v. Daníel Hjaltason and Iceland Insurance Company Ltd (Case E-7/00)

Important legal notice

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E2000P0007

Request for an Advisory Opinion from the EFTA Court by Hérasdómur Reykjavíkur (Reykjavík District Court) in the case of Halla Helgadóttir v. Daníel Hjaltason and Iceland Insurance Company Ltd (Case E-7/00)  

Official Journal C 368 , 21/12/2000 P. 0010 - 0010

Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur (Reykjavík District Court) in the case of Halla Helgadóttir v. Daníel Hjaltason and Iceland Insurance Company Ltd(Case E-7/00)(2000/C 368/17)A request has been made to the EFTA Court by Héraðsdómur Reykjavíkur (Reykjavík District Court), which was received at the Court on 10 July 2000, for an Advisory Opinion in the case of Halla Helgadóttir v. Daníel Hjaltason and Iceland Insurance Company Ltd on the following questions:1. Is it compatible with the provisions of the Agreement on the European Economic Area, in particular European Economic Community Council Directives on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, 72/1667/EEC of 24 April 1972, 84/5/EEC of 30 December 1983, and 90/232/EEC of 14 May 1990, as amended, to determine the compensation payable to victims under the third-party liability insurance of a motor vehicle in accordance with national tort statutes providing for standardised compensation based on a tier of non-pecuniary loss (medical disability tier), regardless of a tier of permanent disability (occupational disability tier), in cases of victims who, on the date of an accident, make use of their earning capacity in a manner providing them with little or no earnings from employment?2. If the first question is answered in the affirmative, do the Directives provide for minimum compensation for a victim in that situation?3. If the second question is answered in the affirmative, by what reference is the minimum compensation payable to a victim in that situation to be determined and, in particular, what significance is to be given in this context to actuarial calculations, based on different premises as regards discounting and income?4. Does it matter in this context whether a victim is entitled to compensation form other sources?