ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Choice of applicable law – Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 – Directive 2009/103/EC – . .
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, first paragraph – Concept of ‘use of vehicles’ – National legislation excluding the . .
The MIB appealed against a determination that EU Directive 2009/103/EC relating to compulsory motor insurance had direct effect against the MIB as an emanation of the state, so that the MIB was liable to indemnify the respondent claimant (to whom I . .
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of the European Regulations with UK law predated the Sixth Directive. … Continue reading Moreno v The Motor Insurers’ Bureau: SC 3 Aug 2016
Is the obligation of the Motor Insurers’ Bureau (‘the MIB’) that arises under Articles 3, 10 and 12 of Directive 2009/103/EC (‘the Codified Directive’) an obligation limited to providing compensation where there is an unidentified vehicle or a vehicle in respect of which there is no policy of insurance in being at the time of … Continue reading Colley v Motor Insurers’ Bureau: CA 22 Mar 2022
ECJ (Insurance Against Civil Liability In Respect of Motor Vehicles : Judgment) Reference for a preliminary ruling – Insurance against civil liability in respect of motor vehicles – Accident occurring in 2006 between vehicles normally based in different Member States – Internal Regulations of the Council of Bureaux of national insurers of the Member States … Continue reading Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 Jun 2017
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017
ECJ Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability – Directive 2009/103/EC – Article 21(5) – Claims representative – Authority to accept service of judicial documents – National rule making the validity of that service conditional on the express grant of … Continue reading Spedition Welter Gmbh v Avanssur Sa: ECJ 10 Oct 2013
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
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 . .