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Case C-286/22, KBC Verzekeringen: Judgment of the Court (Fifth Chamber) of 12 October 2023 (request for a preliminary ruling from the Hof van Cassatie — Belgium) — KBC Verzekeringen NV v P&V Verzekeringen CVBA (Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Point 1 of Article 1 — Concept of a ‘vehicle’ — National legislation providing for the automatic compensation of certain road users who are the victims of a road accident — Person not driving a ‘motor vehicle’ within the meaning of that legislation — Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 — Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power)
ECLI:EU:UNKNOWN:62022CA0286
62022CA0286
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Official Journal of the European Union
Series C
C/2023/935
27.11.2023
Judgment of the Court (Fifth Chamber) of 12 October 2023 (request for a preliminary ruling from the Hof van Cassatie — Belgium) — KBC Verzekeringen NV v P&V Verzekeringen CVBA
(Case C-286/22, (<span class="oj-super oj-note-tag">1</span>) KBC Verzekeringen)
(Reference for a preliminary ruling - Insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Point 1 of Article 1 - Concept of a ‘vehicle’ - National legislation providing for the automatic compensation of certain road users who are the victims of a road accident - Person not driving a ‘motor vehicle’ within the meaning of that legislation - Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 - Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power)
(C/2023/935)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: KBC Verzekeringen NV
Defendant: P&V Verzekeringen CVBA
Operative part of the judgment
Point 1 of Article 1 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 ensure against such liability
must be interpreted as meaning that the concept of a ‘vehicle’, within the meaning of that provision, does not encompass a bicycle whose electric motor provides pedal assistance only and which is equipped with a function allowing the bicycle to accelerate to a speed of 20 km/h without pedalling, a function which may however be activated only after the use of muscular power.
ELI: http://data.europa.eu/eli/C/2023/935/oj
ISSN 1977-091X (electronic edition)
* * *
(<span class="oj-super">1</span>) OJ C 303, 8.8.2022.
Language of the case: Dutch