ECJ 1. Although it is essential that national courts explain the reasons why they consider that a reply to their questions is necessary for their decision in the main proceedings, and define the legal context of the request for interpretation, where questions are couched in imprecise terms it is for the court to extract from all the information provided by the national court and from the documents concerning the main proceedings the elements of community law that need to be interpreted, having regard to the subject-matter of the dispute.
2.The general prohibition of discrimination laid down in article 7 and the implementing rules in articles 48, 59 and 65 are intended to eliminate all measures which, in the fields of free movement of workers and freedom to provide services, treat a national of another member state more severely or place him in a situation less advantageous, from a legal or factual point of view, than that of one of the member state ‘ s own nationals in the same circumstances.
They do not, however, preclude the application in motor-vehicle insurance contracts of tariff conditions based on objective actuarial factors under which no-claims bonuses are not granted in respect of vehicles registered under customs plates.
3.Article 34 of the treaty applies only to national measures which have as their specific object or effect the restriction of patterns of exports and thereby the establishment of a difference in treatment between the domestic trade of a member state and its export trade, in such a way as to provide a special advantage for national products or for the domestic market of the state concerned.
National rules do not fall within that category if they merely authorize insurance companies to take into account in their tariff conditions particular circumstances in which vehicles are used which increase or diminish the insurance risk, such as, for example, the use of vehicles registered under customs plates, in respect of which article 34 does not prohibit the refusal of no-claims bonuses.
Citations:
R-251/83, [1984] EUECJ R-251/83
Links:
European
Updated: 21 June 2022; Ref: scu.215278
