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Case C-334/16: Request for a preliminary ruling from the Audiencia Provincial de Albacete (Spain) lodged on 15 June 2016 — José Luís Núñez Torreiro v Seguros Chartis Europe, S.A.
ECLI:EU:UNKNOWN:62016CN0334
62016CN0334
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22.8.2016
Official Journal of the European Union
C 305/17
(Case C-334/16)
(2016/C 305/25)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellant: José Luís Núñez Torreiro
Respondent: Seguros Chartis Europe, S.A.
Questions referred
1.May the concept ‘use of vehicles’, as an insurance risk for civil liability in respect of the use of motor vehicles, to which the Community legislation (inter alia, Article 3 of Directive 2009/103/EC) refers, be determined by the national legislation of a Member State differently from how it is determined by the Community legislation?
2.If so, may that concept exclude (in addition to specific persons, plates or types of vehicles, as recognised by Article 5(1) and (2) of that Directive) circumstances which depend on the place in which the vehicle is used, such as roads, or terrain ‘unsuitable’ for motor vehicles?
3.Similarly, is it possible to exclude as ‘use of a vehicle’ certain activities of the vehicle relating to its purpose (such as its sporting, industrial or agricultural use) or relating to the driver’s intention (for example, the commission of an intentional offence with the vehicle)?
Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability.
OJ 2009 L 263, p. 11.
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