Van Ameyde Espana (Compulsory insurance against civil liability in respect of the use of motor vehicles - Concept of 'vehicle' - Judgment) [2021] EUECJ C-923/19 (10 June 2021)

Van Ameyde Espana (Compulsory insurance against civil liability in respect of the use of motor vehicles - Concept of 'vehicle' - Judgment) [2021] EUECJ C-923/19 (10 June 2021)

Directive 2009/103/EC does not preclude national legislation that excludes from compulsory insurance cover, and thus from compensation, material damage caused by a road tractor to a semi-trailer coupled to it at the time of the accident.

Citation
[2021] EUECJ C-923/19
Parties
Applicant: Van Ameyde España SA; Respondent: GES, Seguros y Reaseguros SA
Jurisdiction
European Union
Judgment Date
10 June 2021
Procedural Posture
Preliminary Ruling (cjeu) / Final Judgment
Outcome
Preliminary ruling: Directive 2009/103/EC does not preclude the national law exclusion.
Legal Topics
Motor Vehicle Insurance, Civil Liability, Compulsory Insurance, Directive 2009/103/ec, Interpretation of EU Law
European Union Law Insurance Law Motor Vehicle Insurance Civil Liability Compulsory Insurance Directive 2009/103/ec Interpretation of EU Law

Case Brief

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Parties

Van Ameyde España SA

Applicant

GES, Seguros y Reaseguros SA

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Final Judgment

Legal Issues

  1. 1 Whether Directive 2009/103/EC precludes national law excluding from compulsory insurance cover material damage caused by a road tractor to a coupled semi-trailer.

Ratio Decidendi

Directive 2009/103/EC does not preclude national legislation that excludes from compulsory insurance cover, and thus from compensation, material damage caused by a road tractor to a semi-trailer coupled to it at the time of the accident.

Court Disposition

Preliminary ruling: Directive 2009/103/EC does not preclude the national law exclusion.

Orders

  • The referred question is answered as follows: Directive 2009/103/EC does not preclude national legislation excluding from compulsory insurance cover, and thus from compensation, material damage caused by a road tractor to a coupled semi-trailer.