Farrell (Approximation of laws) [2007] EUECJ C-356/05 (19 April 2007)

Farrell (Approximation of laws) [2007] EUECJ C-356/05 (19 April 2007)

Article 1 of the Third Directive precludes national legislation that excludes compulsory insurance for personal injuries to persons travelling in parts of a motor vehicle not designed and constructed with seating accommodation for passengers. The provision is unconditional and sufficiently precise to have direct effect and confer rights on individuals, subject to the national court's determination regarding bodies such as the MIBI.

Citation
[2007] EUECJ C-356/05
Parties
Applicant: Ms Farrell; Defendant: Mr Whitty; Defendant: Minister for the Environment, Ireland and the Attorney General (Ireland); Defendant: Motor Insurers' Bureau of Ireland (MIBI)
Jurisdiction
European Union
Judgment Date
19 April 2007
Procedural Posture
Reference for Preliminary Ruling (cjeu) / Judgment on Reference
Outcome
Reference answered; national legislation precluded; Article 1 has direct effect.
Legal Topics
Compulsory Motor Insurance, Direct Effect of Directives, Civil Liability, Passenger Protection
European Union Law Insurance Law Motor Vehicle Law Compulsory Motor Insurance Direct Effect of Directives Civil Liability Passenger Protection

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Parties

Ms Farrell

Applicant

Mr Whitty

Defendant

Minister for the Environment, Ireland and the Attorney General (Ireland)

Defendant

Motor Insurers' Bureau of Ireland (MIBI)

Defendant

Procedural Posture

Reference for Preliminary Ruling (cjeu) / Judgment on Reference

Legal Issues

  1. 1 Whether Article 1 of Third Directive 90/232/EEC precludes national legislation excluding compulsory insurance for passengers in parts of vehicles not designed with seating accommodation
  2. 2 Whether Article 1 of the Third Directive confers directly effective rights on individuals

Ratio Decidendi

Article 1 of the Third Directive precludes national legislation that excludes compulsory insurance for personal injuries to persons travelling in parts of a motor vehicle not designed and constructed with seating accommodation for passengers. The provision is unconditional and sufficiently precise to have direct effect and confer rights on individuals, subject to the national court's determination regarding bodies such as the MIBI.

Court Disposition

Reference answered; national legislation precluded; Article 1 has direct effect.

Orders

  • Article 1 of Third Directive 90/232/EEC precludes national legislation excluding compulsory insurance for passengers in parts of vehicles not designed with seating accommodation.
  • Article 1 of Third Directive 90/232/EEC has direct effect and confers rights on individuals; national court to determine applicability against MIBI.