Official Journal of the European Union

C series

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C/2024/6390

(Case C-236/23,

(Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Articles 3 and 13 - Insurance contract concluded on the basis of an intentional false statement concerning the usual driver - National legislation providing that the nullity of an insurance contract may be invoked against a ‘passenger victim’, who is also the insurance policyholder, where that nullity results from an intentional false statement made by that person when the contract was concluded - Abuse of rights - Action brought against the policyholder seeking to establish his liability as a result of his intentional false statement)

(C/2024/6390)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Mutuelle assurance des travailleurs mutualistes (Matmut)

Defendants: TN, MAAF assurances SA, Fonds de garantie des assurances obligatoires de dommages (FGAO), PQ

Operative part of the judgment

The first paragraph of Article 3 and Article 13(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 insure against such liability

must be interpreted as precluding, unless the referring court finds that there is an abuse of rights, national legislation under which (i) it is possible to invoke against a passenger of a vehicle involved in a road traffic accident, who is a victim of that accident, where he or she is also the policyholder, the nullity of the contract of insurance against civil liability in respect of the use of motor vehicles resulting from a false statement made by that policyholder in concluding that contract as regards the identity of the usual driver of the vehicle concerned and (ii) the insurer, in the event that such nullity cannot in fact be invoked against that ‘passenger victim’, may obtain reimbursement of all the sums which it has paid to that passenger in performance of the insurance contract by means of an action brought against that passenger on the basis of that passenger’s intentional wrongdoing when concluding that contract, since such reimbursement would deprive the provisions of that directive of all practical effect, by disproportionately limiting the right of the victim to obtain compensation by the compulsory insurance against civil liability in respect of the use of motor vehicles.

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ELI: http://data.europa.eu/eli/C/2024/6390/oj

ISSN 1977-091X (electronic edition)

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