24.4.2017

Official Journal of the European Union

C 129/5

(Case C-71/17)

(2017/C 129/07)

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicant: David Vicente Fernandes

Defendant: Gabinete Português de Carta Verde

Questions referred

A.Does insurance taken out in Luxembourg produce legal effects in Portugal in the same way as if the corresponding policy had been issued in Portugal?

B.Is the Gabinete Português de Carta Verde the compensation body referred to in Article 24(1) of Directive 2009/103/EC and, as the body responsible for compensating the injured parties in the cases referred to in Article 20(1) of the Directive, is it accountable in the same way as the Luxembourg insurance company?

C.In the present case, is it sufficient to sue the compensation body or is it also necessary to sue the insurance company? In the latter case, can the insurance company be sued at its headquarters in Luxembourg or must the action be brought against its representative in Portugal?

D.In the event that the insurance company does not have a representative in Portugal, who should be sued so that full compensation is paid, where there is an unlimited civil liability insurance policy?

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 — OJ 2009 L 263, p. 11.