31.3.2012

Official Journal of the European Union

C 98/14

(Case C-22/12)

2012/C 98/22

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Katarína Hassová

Defendants: Rastislav Petrík, Blanka Holingová

Questions referred

1.Must Article 1(1) of Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, in combination with Article 3(1) of Directive 72/166/EC, be interpreted as precluding a provision of national law (such as § 4 of Law No 381/2001 on compulsory contractual insurance against liability for damage caused by the use of a motor vehicle, or § 6 of Law No 168/1999 [of the Czech Republic] on the same subject) according to which civil liability arising from the use of a motor vehicle does not cover non-material damage, expressed in financial form, caused to the survivors of the victims of a road accident caused by the use of a motor vehicle?

2.If the answer to the first question is that the above-mentioned rule of national law does not conflict with Community law, must the provisions of § 4(1), (2) and (4) of the said Law No 381/2001 and § 6 of the said Law No 168/1999 [of the Czech Republic] be interpreted as not precluding the national court, in conformity with Article 1(1) of Council Directive 90/232/EEC in combination with Article 3(1) of Directive 72/166/EEC, from allowing a claim for non-material damage caused to the survivors of the victims of a road accident caused by the use of a motor vehicle, in the capacity of injured parties and in financial form?

Language of the case: Slovak

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