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Smith v Meae and Others: ECJ 10 Apr 2018

Reference for a preliminary ruling – Approximation of laws – Insurance against civil liability in respect of the use of motor vehicles – Third Directive 90/232/EEC – Article 1 – Liability for personal injury caused to all passengers other than the driver – Compulsory insurance – Direct effect of directives – Obligation to disapply national … Continue reading Smith v Meae and Others: ECJ 10 Apr 2018

Farrell v Whitty: ECJ 19 Apr 2007

ECJ Compulsory insurance for civil liability in respect of motor vehicles Directives 72/166/EEC, 84/5/EEC and 90/232/EEC Injuries to the passengers of a vehicle – Part of a vehicle not adapted for the carriage of seated passengers. [2007] EUECJ C-356/05, [2007] ECR I-3067, [2007] Lloyd’s Rep IR 525 Bailii Directive 90/232/EEC, Directive 84/5/EEC, Directive 72/166/EEC European … Continue reading Farrell v Whitty: ECJ 19 Apr 2007

Katarina Haasova v Rastislav Petrik: ECJ 24 Oct 2013

ECJ Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Directive 90/232/EEC – Article 1 – Road traffic accident – Death of a passenger – Right to compensation of the partner and of the child, who is a minor – Non-material damage – Compensation … Continue reading Katarina Haasova v Rastislav Petrik: ECJ 24 Oct 2013

Petillo v Unipol: ECJ 9 Oct 2013

Opinion – Insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3 – Directive 84/5/EEC – Article 1 – Directive 90/232/EEC – Article 1a – Right to compensation – Limitation of the right to compensation – Non-material damage Wahl AG C-371/12, [2013] EUECJ C-371/12, [2014] EUECJ C-371/12 … Continue reading Petillo v Unipol: ECJ 9 Oct 2013

Vitalijs Drozdovs v Baltikums Aas: ECJ 24 Oct 2013

ECJ Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Directive 90/232/EEC – Article 1 – Road traffic accident – Death of the parents of the applicant, who is a minor – Right to compensation of the child – Non-material damage – Compensation – … Continue reading Vitalijs Drozdovs v Baltikums Aas: ECJ 24 Oct 2013

Litaksa UAB v BTA Insurance Company SE: ECJ 26 Mar 2015

Judgment – Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 90/232/EEC – Article 2 – Differentiation in the amount of the insurance premium depending on the territory in which the vehicle is used L. Bay Larsen, P C-556/13, [2015] EUECJ C-556/13, ECLI:EU:C:2015:202 … Continue reading Litaksa UAB v BTA Insurance Company SE: ECJ 26 Mar 2015

Carvalho Ferreira Santos: ECJ 7 Dec 2010

ECJ (Approximation Of Laws) Directives 72/166/EEC, 84/5/EEC and 90/232/EEC – Automobile Liability Insurance – Determining liability regime for claims arising from motor vehicle traffic – Limiting the right to compensation from the insurance required based on the contribution to the damage of one of the drivers responsible for the accident – Unable to determine the … Continue reading Carvalho Ferreira Santos: ECJ 7 Dec 2010

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

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

Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA: ECJ 14 Sep 2000

ECJ Compulsory insurance against civil liability in respect of motor vehicles – Directives 84/5/EEC and 90/232/EEC – Minimum amounts of cover – Type of civil liability – Injury caused to a member of the family of the insured person or driver. Citations: C-348/98, [2000] EUECJ C-348/98, [2000] ECR 1-6711 Links: Bailii Jurisdiction: European Cited by: … Continue reading Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA: ECJ 14 Sep 2000

Candolin Ea (Approximation Of Laws): ECJ 30 Jun 2005

Compulsory motor vehicle insurance – Directives 84/5/EEC and 90/232/EEC – Rules on civil liability – Passenger’s contribution to the loss or injury – Refusal or limitation of the right to compensation.The drunken owner of a car allowed an uninsured but also drunken friend to drive it. The insurer sought to escape payment for his injuries. … Continue reading Candolin Ea (Approximation Of Laws): ECJ 30 Jun 2005

Lavrador And Bonifacio (Approximation Of Laws): ECJ 9 Jun 2011

ECJ Insurance against civil liability in respect of the use of motor vehicles – Directives 72/166/EEC, 84/5/EEC and 90/232/EEC – Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles – Conditions for limitation – Victim’s contribution to his own loss or injury – Liability for … Continue reading Lavrador And Bonifacio (Approximation Of Laws): ECJ 9 Jun 2011

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009