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Case C-86/23, HUK-COBURG-Allgemeine Versicherung: Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgaria) lodged on 15 February 2023 — E.N.I., Y.K.I. v HUK-COBURG-Allgemeine Versicherung AG
ECLI:EU:UNKNOWN:62023CN0086
62023CN0086
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Official Journal of the European Union
C 155/34
(Case C-86/23, HUK-COBURG-Allgemeine Versicherung)
(2023/C 155/45)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Appellants: E.N.I., Y.K.I.
Respondent: HUK-COBURG-Allgemeine Versicherung AG
Question referred
Must Article 16 of Regulation (EC) No 864/2007 (1) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II Regulation) be interpreted as meaning that a rule of national law, such as that at issue in the main proceedings, which provides for the application of a fundamental principle of the law of the Member State, such as the principle of fairness, in the determination of compensation for non-material damage in cases where the death of a close person has occurred as a result of a tort or delict, may be regarded as an overriding mandatory provision within the meaning of that article?
(1) OJ 2007 L 199, p. 40.