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Case C-26/09: Reference for a preliminary ruling from Court of Appeal (United Kingdom) made on 19 January 2009 — The Motor Insurers’ Bureau v Helphire (UK) Limited, Angel Assistance Limited
ECLI:EU:UNKNOWN:62009CN0026
62009CN0026
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Valentina R., lawyer
18.4.2009
Official Journal of the European Union
C 90/8
(Case C-26/09)
2009/C 90/13
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: The Motor Insurers’ Bureau
Defendants: Helphire (UK) Limited, Angel Assistance Limited
Questions referred
Question 1
(a)Where the national law of the member state provides that the charges incurred by the victim of a motor accident in subsequently hiring a replacement vehicle are recoverable from the person responsible, does Article 1.4 of the Directive permit MIB to exclude any liability for such charges where compensation will ultimately be paid over to the insurer who issued a post-accident policy covering the hire charges in the event of non-recovery from the person responsible?
(b)If the answer to Question 1(a) is in the negative, is it permissible for the compensation by MIB to be limited to the premium, if any, payable to the insurers who have paid the hire charges?
Question 2
If the answer to Question 1(a) is in the negative:
Question 3
If the answer to Question 1(a) is the negative:
Question 4
If the answer to Question 3 is in the affirmative:
(a)For the purposes of determining whether a body such as MIB is one against which the provisions of a directive which are capable of having direct effect may be relied upon:
(i)Are the criteria identified by the Court of Justice in Case C-188/89 Foster v British Gas [1990] ECR 1-3313 the criteria by reference to which such a determination should be made?
(ii)If the determination should be made by reference to some (but not all) of such criteria and/or to additional criteria, by reference to which criteria should the determination be made?
(b)Is it solely for the domestic court to determine whether a body fulfils the relevant criteria?
(c)Does a body with the characteristics of MIB fulfil the criteria such that the provisions of a directive which have direct effect may be relied upon against it?
(1) Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles OJ L 8, p. 17