CELEX: 62016CN0514
Language: en
Date: 2016-10-03 00:00:00
Title: Case C-514/16: Request for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 3 October 2016 — Isabel Maria Pinheiro Vieira Rodrigues v José Manuel Proença Salvador and Others

19.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 475/12
            
         Request for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 3 October 2016 — Isabel Maria Pinheiro Vieira Rodrigues v José Manuel Proença Salvador and Others
   (Case C-514/16)
   (2016/C 475/18)
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal da Relação de Guimarães
   
      Parties to the main proceedings
   
   
      Appellant: Isabel Maria Pinheiro Vieira Rodrigues
   
      Respondents: José Manuel Proença Salvador, Crédito Agrícola Seguros — Companhia de Seguros de Ramos Reais, SA, Jorge Oliveira Pinto
   
      Questions referred
   
   
               1.
            
            
               Does the obligation, laid down in Article 3(1) of First Council Directive 72/166/EEC (1) of 24 April 1972, to have insurance in respect of the use of vehicles normally based in the territory of a Member State apply to the use of vehicles, in any place, be it public or private, solely in cases in which the vehicles are moving, or also in cases in which they are stationary but with the engine running?
            
         
               2.
            
            
               Does the aforementioned concept of use of vehicles, within the meaning of Article 3(1) of First Directive 72/166, encompass an agricultural tractor, which was stationary on a flat mud track on a farm and was being used, as was usual, in the performance of agricultural work (herbicide spraying in a vineyard), with the engine running to drive the pump in the drum containing the herbicide, and which, in those circumstances, as the result of a landslip caused by the combination of the following factors:
               
                           —
                        
                        
                           the weight of the tractor,
                        
                     
                           —
                        
                        
                           the vibration produced by the tractor’s engine and by the spraying device mounted on the back of the tractor,
                        
                     
                           —
                        
                        
                           heavy rain,
                        
                     fell downwards hitting four workers who were carrying out the same task on the lower terraces, causing the death of a worker who was supporting the hose that was being used for spraying?
            
         
               3.
            
            
               If questions 1 and 2 are answered in the affirmative, does this interpretation of the concept of ‘use of vehicles’ in Article 3(1) of First Directive 72/166 preclude a rule of national law (Article 4(4) of Decreto-Lei No 291/2007 de 21 de agosto (Decree-Law No 291/2007 of 21 August 2007)) which excludes the obligation to have insurance laid down in Article 3(1) in cases in which vehicles are used for purely agricultural or industrial purposes?
            
         
      (1)  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).