Carvalho Ferreira Santos (Approximation of laws) French Text [2010] EUECJ C-484/09 (07 December 2010)

Carvalho Ferreira Santos (Approximation of laws) French Text [2010] EUECJ C-484/09 (07 December 2010)

EU directives 72/166/CEE, 84/5/CEE, and 90/232/CEE do not preclude national civil law rules, such as Portuguese Civil Code Article 506, that reduce compensation for victims by half when the causal contribution of each vehicle in a collision cannot be determined and no fault is established. The directives do not...

Source-derived case information.

Citation
[2010] EUECJ C-484/09
Parties
Applicant: Manuel Carvalho Ferreira Santos; Respondent: Companhia Europeia de Seguros, S. A.
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
EU directives do not preclude national law reducing compensation by half in cases of indeterminate causal contribution and no fault.
Legal Topics
Motor Vehicle Insurance, Directive Interpretation, Civil Liability Apportionment, Victim Compensation
European Union Law Insurance Law Civil Liability Motor Vehicle Insurance Directive Interpretation Civil Liability Apportionment Victim Compensation

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Parties

Manuel Carvalho Ferreira Santos

Applicant

Companhia Europeia de Seguros, S. A.

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Do EU motor vehicle insurance directives preclude national civil law rules that proportionally reduce compensation for victims when causal contribution of each vehicle cannot be determined?
  2. 2 Does the Portuguese Civil Code Article 506, which halves compensation in such cases, violate EU law?

Ratio Decidendi

EU directives 72/166/CEE, 84/5/CEE, and 90/232/CEE do not preclude national civil law rules, such as Portuguese Civil Code Article 506, that reduce compensation for victims by half when the causal contribution of each vehicle in a collision cannot be determined and no fault is established. The directives do not harmonize civil liability or compensation apportionment, leaving such matters to national law.

Court Disposition

EU directives do not preclude national law reducing compensation by half in cases of indeterminate causal contribution and no fault.

Orders

  • The Court should answer that Directives 72/166/CEE, 84/5/CEE, and 90/232/CEE do not preclude a national civil law rule which, in a situation where a collision between vehicles is not attributable to fault of any driver and causes bodily and material damage to one, results in the victim's right to compensation being...