Official Journal of the European Union

C 225/39

(Case C-229/10) (<span class="super">1</span>)

(Article 99 of the Rules of Procedure - Insurance against civil liability in respect of the use of motor vehicles - Directives 72/166/EEC, 84/5/EEC and 90/232/EEC - Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles - Civil liability of the insured person - Victim’s contribution to loss or injury - Exclusion or limitation of the right to compensation)

2013/C 225/66

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicants: Maria Alice Pendão Lapa Costa Ferreira, Alexandra Pendão Lapa Ferreira

Defendant: Companhia de Seguros Tranquilidade SA

Re:

Reference for a preliminary ruling — Tribunal Cível da Comarca do Porto — Interpretation of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition 1972 (II), p. 360); 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 1984 L 8, p. 17); Third 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 (OJ 1990 L 129, p. 33), and in particular of Article 1a thereof; Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (OJ 2000 L 181, p. 65); and Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14) — Provision of national law which, in the case of an accident caused by the conduct of the pedestrian alone who is the victim of the accident, excludes the liability for risk posed by the use of motor vehicles, and which allows the right to compensation of accident victims to be excluded or reduced, where there is concurrent fault, because the victim has contributed to the loss.

Operative part of the order

Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, 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 1984 L 8, p. 17), and the Third 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 must be interpreted as not precluding national provisions falling within civil liability law that allow exclusion or limitation of the right of the victim of an accident to claim compensation under the civil liability insurance of the motor vehicle involved in the accident, on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury.

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Language of the case: Portuguese