CELEX: 62009CA0484
Language: en
Date: 2011-03-17 00:00:00
Title: Case C-484/09: Judgment of the Court (Second Chamber) of 17 March 2011 (reference for a preliminary ruling from the Tribunal da Relação do Porto (Portugal)) — Manuel Carvalho Ferreira Santos v Companhia Europeia de Seguros SA (Reference for a preliminary ruling — Directive 72/166/EEC — Article 3(1) — Directive 84/5/EEC — Article 2(1) — Directive 90/232/EEC — Article 1 — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Limitation criteria — Contribution to the damage — Lack of driver fault — Liability for risk)

7.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 139/7
            
         Judgment of the Court (Second Chamber) of 17 March 2011 (reference for a preliminary ruling from the Tribunal da Relação do Porto (Portugal)) — Manuel Carvalho Ferreira Santos v Companhia Europeia de Seguros SA
   (Case C-484/09) (1)
   
   (Reference for a preliminary ruling - Directive 72/166/EEC - Article 3(1) - Directive 84/5/EEC - Article 2(1) - Directive 90/232/EEC - Article 1 - Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles - Limitation criteria - Contribution to the damage - Lack of driver fault - Liability for risk)
   2011/C 139/10
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal da Relação do Porto
   
      Parties to the main proceedings
   
   
      Applicant: Manuel Carvalho Ferreira Santos
   
      Defendant: Companhia Europeia de Seguros SA
   
      Re:
   
   Reference for a preliminary ruling — Tribunal da Relação do Porto — Interpretation of Article 3(1) of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition 1972 (II), p. 360), of Article 2(1) of Second 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) and of Article 1 of 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 vehicles (OJ 1990, L 129, p. 33) — Determination of the type of civil liability applicable to road-traffic accidents — Conditions for limiting the right to compensation paid by compulsory motor vehicle insurance based on the contribution to the damage of one of the drivers responsible for the accident — Neither driver at fault — Liability for risk
   
      Operative part of the judgment
   
   Article 3(1) of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, Article 2(1) of Second 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, and Article 1 of 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 vehicles, must be interpreted as not precluding national provisions which, in the case of a collision between two motor vehicles which has caused damage, where neither driver is at fault, apportions the liability for that damage in accordance with the extent of the contribution of each of those vehicles to the occurrence of the damage and, in the event of doubt in that regard, fixes the contributions at parity.
   
      (1)  OJ C 37, 13.2.2010.