Case C-80/17 | Fundo de Garantia Automóvel v Alina Antónia Destapado Pão Mole Juliana and Cristiana Micaela Caetano Juliana

Author (Corporate)
Series Title
Series Details No.125, 2018 (04.09.18)
Publication Date 04/09/2018
Content Type

Summary:

The Court of Justice of the European Union decided on 4 September 2018 that a vehicle not formally withdrawn from use and capable of being driven must be covered by motor vehicle insurance against civil liability even if its owner - who no longer intends to drive it - chose to park it on private land.

Further information:

The Court states that the national compensation body can bring an action against the person who failed to comply with the obligation of taking out insurance against civil liability even if that person has no civil liability for any accident involving the vehicle.A vehicle which is not formally withdrawn from use and which is capable of being driven must be covered by motor vehicle insurance against civil liability even if its owner, who no longer intends to drive it, has chosen to park it on private land.

Member States may provide that, when the person who was subject to the obligation to take out insurance against civil liability for the vehicle involved in an accident has failed to comply with that obligation, the national compensation body can bring an action against that person even though the latter has no civil liability for the accident.

Source Link Link to Main Source http://curia.europa.eu/juris/liste.jsf?&num=C-80%252F17
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