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Case C-648/17: Request for a preliminary ruling from the Augstākā tiesa (Latvia), lodged on 20 November 2017 — Balcia Insurance SE

ECLI:EU:UNKNOWN:62017CN0648

62017CN0648

November 20, 2017
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Valentina R., lawyer

26.2.2018

EN

Official Journal of the European Union

C 72/27

(Case C-648/17)

(2018/C 072/36)

Language of the case: Latvian

Referring court

Parties to the main proceedings

Applicant: Balcia Insurance SE

Defendant: AS Baltijas Apdrošināšanas Nams

Questions referred

1.Is Article 3(1) of Council Directive 72/166/EEC (1) 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 (First Directive), to be interpreted as meaning that the concept of ‘use of vehicles’ covers a situation such as that in the main proceedings, that is to say, the opening of the doors of a stationary vehicle?

2.If the answer to the first question is in the affirmative, is Article 3(1) of Council Directive 72/166/EEC of 24 April 1972 to be interpreted as meaning that the concept of ‘use of vehicles’ covers a situation such as that in the main proceedings, that is to say, a situation in which damage to the property of a third party is caused by use of the vehicle by a passenger?

(1) English special edition: Series I Volume 1972(II) p. 360.

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