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Valentina R., lawyer
EN
(2016/C 454/34)
Language of the case: Portuguese
Applicant: José Joaquim Neto de Sousa
Defendant: Portuguese State
Do the requirements of the Second (1) and Third (2) Directives on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles preclude the national legislation from providing for the culpable driver to be compensated, in respect of pecuniary damage, in the event that his spouse, who was a passenger in the vehicle, dies, in accordance with Article 7(3) of Decree-Law No 522 of 31 December 1985, as amended by Decree-Law No 130 of 19 May 1994?
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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).