Linea Directa Aseguradora (Insurance against civil liability in respect of the use of motor vehicles - Opinion) [2019] EUECJ C-100/18_O (28 February 2019)

Linea Directa Aseguradora (Insurance against civil liability in respect of the use of motor vehicles - Opinion) [2019] EUECJ C-100/18_O (28 February 2019)

The concept of 'use of vehicles' under Article 3 of Directive 2009/103/EC includes situations where a vehicle, used consistently with its function as a means of transport, is involved in a fire occurring in an area intended for parking, regardless of whether it occurred in a private garage or the vehicle had been stationary for a long period. No temporal, spatial, or technical causal limits are imposed by EU law for compulsory insurance coverage in such circumstances.

Citation
[2019] EUECJ C-100/18_O
Parties
Appellant: Línea Directa Aseguradora, S. A.; Respondent: Segurcaixa, Sociedad Anónima de Seguros y Reaseguros
Jurisdiction
European Union
Judgment Date
28 February 2019
Procedural Posture
Preliminary Ruling (reference) / Opinion of Advocate General
Outcome
Opinion: Article 3 of Directive 2009/103/EC covers the incident; compulsory insurance applies.
Legal Topics
Motor Vehicle Insurance, Civil Liability, Directive 2009/103/ec, Interpretation of 'use of Vehicles', Compulsory Insurance Coverage
Insurance Law European Union Law Tort Law Motor Vehicle Insurance Civil Liability Directive 2009/103/ec Interpretation of 'use of Vehicles' Compulsory Insurance Coverage

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Parties

Línea Directa Aseguradora, S. A.

Appellant

Segurcaixa, Sociedad Anónima de Seguros y Reaseguros

Respondent

Procedural Posture

Preliminary Ruling (reference) / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 3 of Directive 2009/103/EC covers damage caused by a fire in a stationary vehicle parked in a private garage for over 24 hours
  2. 2 Whether the concept of 'use of vehicles' requires a temporal or spatial connection to movement or public road use
  3. 3 Whether the origin of the fire in mechanisms necessary for transport affects insurance coverage

Ratio Decidendi

The concept of 'use of vehicles' under Article 3 of Directive 2009/103/EC includes situations where a vehicle, used consistently with its function as a means of transport, is involved in a fire occurring in an area intended for parking, regardless of whether it occurred in a private garage or the vehicle had been stationary for a long period. No temporal, spatial, or technical causal limits are imposed by EU law for compulsory insurance coverage in such circumstances.

Court Disposition

Opinion: Article 3 of Directive 2009/103/EC covers the incident; compulsory insurance applies.