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Case C-17/25, Società Cattolica di Assicurazione: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 15 January 2025 – LS, KV, RY, UJ, TM v Società Cattolica di Assicurazione SpA
ECLI:EU:UNKNOWN:62025CN0017
62025CN0017
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Official Journal of the European Union
EN
C series
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C/2025/1749
31.3.2025
(Case C-17/25, Società Cattolica di Assicurazione)
(C/2025/1749)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellants: LS, KV, RY, UJ, TM
Respondents: Società Cattolica di Assicurazione SpA
Questions referred
Does Article 2 of Directive 84/5/EEC, (<span class="oj-super oj-note-tag">1</span>) in a situation such as the one at issue in these proceedings, preclude national legislation which, by reason of the fact that a judgment has acquired the force of res judicata in Italian civil proceedings, prevents raising for the first time before the Supreme Court of Cassation the nullity of a clause, included in a [motor vehicle civil liability] insurance contract, which, in breach of that directive, allows the insurer to bring an action for recovery against the person transported who is both the injured and insured party?
Does the principle that the effectiveness of [EU] law takes precedence over the force of res judicata apply even where: (a) the force of res judicata adversely affects the right to compensation for damage, conferred by Article 2 of Directive 84/5/EEC on members of the family of the person who has died as a result of a road traffic accident, from the [motor vehicle civil liability] insurer; (b) the holder of that right has acted in a wholly passive manner in the proceedings which were concluded as a result of the force of res judicata adversely affecting EU law?
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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).
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ELI: http://data.europa.eu/eli/C/2025/1749/oj
ISSN 1977-091X (electronic edition)
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