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Case C-28/21: Order of the Court (Tenth Chamber) of 31 January 2022 (request for a preliminary ruling from the Sąd Okręgowy w Łodzi — Poland) — TM v EJ (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3 — Compulsory cover of damage to property — Scope — Legislation of a Member State excluding loss of earnings from cover by compulsory insurance against civil liability in respect of the use of motor vehicles)

ECLI:EU:UNKNOWN:62021CB0028

62021CB0028

January 31, 2022
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7.6.2022

Official Journal of the European Union

C 222/4

(Case C-28/21) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 3 - Compulsory cover of damage to property - Scope - Legislation of a Member State excluding loss of earnings from cover by compulsory insurance against civil liability in respect of the use of motor vehicles)

(2022/C 222/05)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: TM

Defendant: EJ

Operative part of the order

Must the first paragraph of Article 3 of 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 be interpreted as not precluding a provision of national law under which compulsory insurance against civil liability in respect of the use of motor vehicles does not cover damage consisting of loss of earnings, on condition that that limitation of cover applies without any difference in treatment depending on the Member State of residence of the injured party or of the owner or holder of the damaged vehicle.

Language of the case: Polish.

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