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Case C-618/21, AR and Others (Direct action against the insurer): Judgment of the Court (Fifth Chamber) of 30 March 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — AR and Others v PK and Others (Reference for a preliminary ruling — Approximation of laws — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3 — Compulsory insurance of vehicles — Article 18 — Direct right of action — Scope — Determination of the amount of compensation — Hypothetical costs — Possibility of making the payment of compensation subject to certain conditions — Sale of the vehicle)
ECLI:EU:UNKNOWN:62021CA0618
62021CA0618
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22.5.2023
Official Journal of the European Union
C 179/6
(Case C-618/21, (<span class="oj-super oj-note-tag">1</span>) AR and Others (Direct action against the insurer))
(Reference for a preliminary ruling - Approximation of laws - Insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 3 - Compulsory insurance of vehicles - Article 18 - Direct right of action - Scope - Determination of the amount of compensation - Hypothetical costs - Possibility of making the payment of compensation subject to certain conditions - Sale of the vehicle)
(2023/C 179/07)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicants: AR, BF, ZN, NK Sp. z o.o. s.k., KP, RD Sp. z o.o.
Defendants: PK S.A., CR, SI S.A., MB S.A., PK S.A., SI S.A., EZ S.A.
Operative part of the judgment
Article 18 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, read in conjunction with Article 3 of that directive,
must be interpreted as
—not precluding national legislation which, in the event of a direct action, by the person whose vehicle has suffered damage as a result of a road traffic accident, against the insurer of the person responsible for that accident, provides that the sole means of obtaining redress from that insurer is by way of monetary compensation,
—precluding rules for the calculation of that compensation and conditions relating to its payment, in so far as they would have the effect, in the context of a direct action brought under Article 18, of excluding or limiting the insurer’s obligation, under Article 3, to cover all the compensation which the person responsible for the damage must provide to the injured party in respect of the damage suffered by that party.
Language of the case: Polish.
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(<span class="oj-super">1</span>) OJ C 95, 28.2.2022.