ECJ Use of motor vehicles – Insurance against civil liability – Directive 72/166/EEC – Article 3(1) – Directive 84/5/EEC – Article 1(4), first subparagraph – Insolvency of the insurer – No payment of compensation by the body providing compensation C-409/11, [2013] EUECJ C-409/11 Bailii Directive 72/166/EEC 3(1), Directive 84/5/EEC 1(4) European, Insurance Updated: 15 November … Continue reading Csonka v Magyar Allam: ECJ 11 Jul 2013
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010
ECJ Failure of a Member State to fulfil obligations Incorrect transposition Directive 84/5/EEC Article 1(4) Compulsory insurance for civil liability in respect of motor vehicles Conditions for the exclusion from compensation of passengers in an uninsured vehicle Judges: L. Bay Larsen, P Citations: C-211/07, [2008] EUECJ C-211/07 Links: Bailii Statutes: Directive 84/5/EEC European, Road Traffic … Continue reading Commission of The European Communities v Ireland: ECJ 21 Feb 2008
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of … Continue reading Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003
The deceased had been a passenger in a car. He had known the driver was not insured. The estate claimed first damages from the first defendant driver, and only then to enforce the judgment against the second defendant. Held: The MIB was accountable for the judgment. Seymour J considered how the Agreement under which the … Continue reading Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006
Compulsory Insurance v Civil Liability In Respect of The Use of Motor Vehicles – Judgment – Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Second Directive 84/5/EEC – Article 1(4) – Obligation to take out a contract … Continue reading Fundo de Garantia Automovel v Juliana: ECJ 4 Sep 2018
