18.12.2010

Official Journal of the European Union

C 346/29

(Case C-442/10)

()

2010/C 346/47

Language of the case: English

Referring court

Parties to the main proceedings

Applicants: Churchill Insurance Company Limited, Tracy Evans

Defendants: Benjamin Wilkinson, by his father and litigation friend Steven Wilkinson, Equity Claims Limited

Questions referred

(a)that accident was caused by an uninsured driver; and

(b)that uninsured driver had been given permission to drive the vehicle by the victim; and

(c)that victim was a passenger in the vehicle at the time of the accident; and

(d)that victim was insured to drive the vehicle in question?

In particular:

(i)is such a national provision one which ‘excludes from insurance’ within the meaning of Article 13(1) of the 2009 Directive?

(ii)in circumstances such as arising in the present case, is permission given by the insurer to the non-insured ‘express or implied authorization’ within the meaning of Article 13(1)(a) of the 2009 Directive?

(iii)is the answer to this question affected by the fact that, pursuant to Article 10 of the 2009 Directive national bodies charged with providing compensation in the case of damage caused by unidentified or uninsured vehicles may exclude the payment of compensation in respect of persons who voluntarily enter the vehicle which caused the damage or injury when the body can prove that those persons know that the vehicle was uninsured?

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 (Text with EEA relevance)

OJ L 263, p. 11