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Case C-375/20: Request for a preliminary ruling from the Tribunal da Relação de Coimbra (Portugal) lodged on 10 August 2020 — Liberty Seguros SA v DR
ECLI:EU:UNKNOWN:62020CN0375
62020CN0375
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Valentina R., lawyer
19.10.2020
EN
Official Journal of the European Union
C 348/10
(Case C-375/20)
(2020/C 348/14)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Liberty Seguros SA
Defendant: DR
Interveners: Fundo de Garantia Automóvel, VS, FN, JT, Seguradoras Unidas, SA
Question referred
Does [EU] law, and in particular Directive 2009/103/EC (1) of the European Parliament and of the Council, preclude national legislation which allows the nullity of a contract of insurance taken out against civil liability in respect of the use of motor vehicles to be relied on as against injured third parties and the Fundo de Garantia Automóvel (Portuguese motor vehicle insurance guarantee fund) where that nullity results from the fact that the policyholder has used the insured vehicle for the clandestine and illegal transport of persons and goods for remuneration and has concealed its use for that purpose from the insurer? Would the answer be the same even if the passengers had known that the transport was clandestine and unlawful?
(1) 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).