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Case C-923/19: Judgment of the Court (Fifth Chamber) of 10 June 2021 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Van Ameyde España SA v GES, Seguros y Reaseguros SA (Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 1, points 1 and 2 — Article 3, first, second and final paragraphs — Concept of ‘vehicle’ — Obligation to cover damage to property — Scope — Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance — Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred — Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor)

ECLI:EU:UNKNOWN:62019CA0923

62019CA0923

June 10, 2021
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26.7.2021

Official Journal of the European Union

C 297/11

(Case C-923/19) (*)

(Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 1, points 1 and 2 - Article 3, first, second and final paragraphs - Concept of ‘vehicle’ - Obligation to cover damage to property - Scope - Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance - Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred - Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor)

(2021/C 297/09)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Van Ameyde España SA

Defendant: GES, Seguros y Reaseguros SA

Operative part of the judgment

The first, second and final paragraphs of Article 3 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 1, points 1 and 2 of that directive, must be interpreted as meaning that they do not preclude an interpretation of national legislation which excludes from cover, and therefore from compensation, by compulsory insurance against civil liability in respect of the use of a road tractor, material damage caused by that tractor to the semi-trailer which was coupled to it when the accident occurred.

(*) Language of the case: Spanish.

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