CELEX: 62016CA0506
Language: en
Date: 2017-11-06 00:00:00
Title: Case C-506/16: Judgment of the Court (Sixth Chamber) of 7 September 2017 (request for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — José Joaquim Neto de Sousa v Portuguese State (Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Directive 84/5/EEC — Directive 90/232/EEC — Driver responsible for the accident which caused the death of his spouse, a passenger in the vehicle — National legislation excluding compensation for material damage suffered by the driver responsible for the accident)

6.11.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 374/7
            
         Judgment of the Court (Sixth Chamber) of 7 September 2017 (request for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — José Joaquim Neto de Sousa v Portuguese State
   (Case C-506/16) (1)
   
   ((Reference for a preliminary ruling - Insurance against civil liability in respect of the use of motor vehicles - Directive 72/166/EEC - Directive 84/5/EEC - Directive 90/232/EEC - Driver responsible for the accident which caused the death of his spouse, a passenger in the vehicle - National legislation excluding compensation for material damage suffered by the driver responsible for the accident))
   (2017/C 374/10)
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal da Relação do Porto
   
      Parties to the main proceedings
   
   
      Applicant: José Joaquim Neto de Sousa
   
      Defendant: Portuguese State
   
      Operative part of the judgment
   
   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, 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, as amended by Directive 2005/14/EC of 11 May 2005, and 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 allow exclusion of the right of a driver of a motor vehicle responsible, by his own fault, for a traffic accident as a result of which his spouse, a passenger in that vehicle, has died, to receive compensation for the material harm which he has suffered as a result of that death.
   
      (1)  OJ C 454, 5.12.2016.