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Case C-375/20: Order of the Court (Seventh Chamber) of 13 October 2021 (request for a preliminary ruling from the Tribunal da Relação de Coimbra — Portugal) — Liberty Seguros, Compañia de Seguros y Reaseguros, SA — Sucursal em Portugal, formerly Liberty Seguros SA v DR (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Obligatory insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Insurance contract concluded on the basis of false statements — International transport of persons and goods without authorisation — Nullity of the insurance contract — Invoking that nullity against third-party victims and the body responsible for compensating victims)
ECLI:EU:UNKNOWN:62020CB0375
62020CB0375
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Official Journal of the European Union
C 64/2
(Case C-375/20) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Obligatory insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Insurance contract concluded on the basis of false statements - International transport of persons and goods without authorisation - Nullity of the insurance contract - Invoking that nullity against third-party victims and the body responsible for compensating victims)
(2022/C 64/02)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Liberty Seguros, Compañia de Seguros y Reaseguros, SA — Sucursal em Portugal, formerly Liberty Seguros SA
Defendant: DR
Interveners: Fundo de Garantia Automóvel, VS, FN, JT, Seguradoras Unidas SA
Operative part of the order
The first paragraph of Article 3 and Article 13(1) 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 must be interpreted as precluding national legislation which would have the effect of making it possible to invoke against third parties who are victims of a motor vehicle accident the nullity of a contract for motor vehicle insurance against civil liability that arises as a result of the policyholder conducting a commercial activity of international transport without authorisation and of the omissions or false statements of that person with regard to the insurance company at the time that contract was concluded, even though the third-party victims are passengers who could not have been unaware of that lack of authorisation.
(*)
Language of the case: Portuguese
ECLI:EU:C:2022:140