Linea Directa Aseguradora (Insurance against civil liability in respect of the use of motor vehicles - Concept of 'use of vehicles' - Judgment) [2019] EUECJ C-100/18 (20 June 2019)

Linea Directa Aseguradora (Insurance against civil liability in respect of the use of motor vehicles - Concept of 'use of vehicles' - Judgment) [2019] EUECJ C-100/18 (20 June 2019)

A vehicle parked in a private garage, used in accordance with its function as a means of transport, which catches fire and causes damage—even if it has not been moved for more than 24 hours—falls within the concept of 'use of vehicles' under Article 3 of Directive 2009/103/EC, and thus compulsory insurance must cover such incidents.

Citation
[2019] EUECJ C-100/18
Parties
Applicant: Línea Directa Aseguradora SA; Respondent: Segurcaixa, Sociedad Anónima de Seguros y Reaseguros
Jurisdiction
European Union
Judgment Date
20 June 2019
Procedural Posture
Preliminary Ruling (eu Law) / Court of Justice of the European Union (second Chamber) Preliminary Ruling
Outcome
Preliminary ruling issued: Article 3 of Directive 2009/103/EC covers the incident described.
Legal Topics
Motor Vehicle Insurance, Civil Liability, Interpretation of EU Directives, Scope of Compulsory Insurance, Definition of 'use of Vehicle'
Insurance Law European Union Law Tort Law Motor Vehicle Insurance Civil Liability Interpretation of EU Directives Scope of Compulsory Insurance Definition of 'use of Vehicle'

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Parties

Línea Directa Aseguradora SA

Applicant

Segurcaixa, Sociedad Anónima de Seguros y Reaseguros

Respondent

Procedural Posture

Preliminary Ruling (eu Law) / Court of Justice of the European Union (second Chamber) Preliminary Ruling

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, where the fire originated in the vehicle's electrical circuit and the vehicle had not been moved for over 24 hours.

Ratio Decidendi

A vehicle parked in a private garage, used in accordance with its function as a means of transport, which catches fire and causes damage—even if it has not been moved for more than 24 hours—falls within the concept of 'use of vehicles' under Article 3 of Directive 2009/103/EC, and thus compulsory insurance must cover such incidents.

Court Disposition

Preliminary ruling issued: Article 3 of Directive 2009/103/EC covers the incident described.

Orders

  • Article 3 of Directive 2009/103/EC must be interpreted as meaning that a situation where a vehicle parked in a private garage, used in accordance with its function as a means of transport, catches fire and causes damage—even if not moved for more than 24 hours—falls within the concept of 'use of vehicles' under that...