22.12.2012

Official Journal of the European Union

C 399/2

(Case C-300/10) (Insurance against civil liability in respect of the use of motor vehicles - Directive 72/166/EEC - Article 3(1) - Directive 84/5/EEC - Article 2(1) - Directive 90/232/EEC - Article 1 - Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles - Civil liability of the insured person - Victim’s contribution to loss or injury - Limitation of the right to compensation)

2012/C 399/02

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicant: Vítor Hugo Marques Almeida

Defendants: Companhia de Seguros Fidelidade-Mundial SA, Jorge Manuel da Cunha Carvalheira, Paulo Manuel Carvalheira, Fundo de Garantia Automóvel

Re:

Reference for a preliminary ruling — Tribunal da Relação de Guimarães — Interpretation of Articles 3(1) of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition, 1972 (II), p. 360), Article 2(1) of Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17) and Articles 1 and 1a of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33) — Collision of two vehicles not attributable to the drivers — Passenger in one of the vehicles having contributed to the occurrence of his own injuries — Liability for risk — National provisions by virtue of which it is possible to refuse or to limit the right to compensation of injured passengers who have contributed to the occurrence of the injury or loss

Operative part of the judgment

In circumstances such as those of the case in the main proceedings, Article 3(1) of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, Article 2(1) of Second Council Directive 84/5/EEC of 30 December 1983 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 Article 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles must be interpreted as meaning that they do not preclude national provisions which, where two motor vehicles collide giving rise to personal injury to the passenger in one of the vehicles and the event is not attributable to the fault of the drivers of those vehicles, allows the civil liability of the insured persons to be limited or excluded.

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Language of the case: Portuguese

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(1) OJ C 234, 28.8.2010.