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Case C-558/15: Judgment of the Court (Sixth Chamber) of 15 December 2016 (request for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — Alberto José Vieira Azevedo and Others v CED Portugal Unipessoal Lda, Instituto de Seguros de Portugal — Fundo de Garantia Automóvel (Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability — Directive 2000/26/EC — Article 4(5) — Insurance undertaking — Claims representative — Sufficient powers of representation — Notifications of proceedings before the courts)
ECLI:EU:UNKNOWN:62015CA0558
62015CA0558
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13.2.2017
Official Journal of the European Union
C 46/7
(Case C-558/15) (<a id="ntc1-C_2017046EN.01000701-E0001" href="#ntr1-C_2017046EN.01000701-E0001"> (<span class="super note-tag">1</span>)</a>
((Reference for a preliminary ruling - Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability - Directive 2000/26/EC - Article 4(5) - Insurance undertaking - Claims representative - Sufficient powers of representation - Notifications of proceedings before the courts))
(2017/C 046/08)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicants: Alberto José Vieira Azevedo, Maria da Conceição Ferreira da Silva, Carlos Manuel Ferreira Alves, Rui Dinis Ferreira Alves, Vítor José Ferreira Alves
Defendants: CED Portugal Unipessoal Lda, Instituto de Seguros de Portugal — Fundo de Garantia Automóvel
Intervening parties: Institituto de Seguros de Portugal — Fundo de Acidentes de Trabalho
Operative part of the judgment
Article 4 of Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive), as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, must be interpreted as not requiring Member States to provide that the claims representative appointed pursuant to that article may itself be sued, instead of the insurance undertaking which it represents, in the national court before which an action for damages was brought by an injured party falling within the scope of Article 1 of Directive 2000/26, as amended by Directive 2005/14.
(<span class="note">1</span>) <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2016:016:TOC">OJ C 16, 18.1.2016</a>.