Order of the Court (Tenth Chamber) of 21March 2013— Rodrigues Esteves
(Case C‑486/11)
Article99 of the Rules of Procedure— Insurance against civil liability in respect of the use of motor vehicles— Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2005/14/EC— Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles— Civil liability of the insured person— Victim’s contribution to loss or injury— Exclusion or limitation of the right to compensation
Approximation of laws— Insurance against civil liability in respect of motor vehicles— Directives 72/166, 84/5 and 90/232— Determining the rules of civil liability applicable to road traffic accidents— National legislation which permits the right to compensation of accident victims to be excluded or reduced on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury— Lawfulness (Council Directives 72/166, 84/5 and 90/232) (see paras 26-30,32, 33, 38, 39, operative part)
Re:
| Request for a preliminary ruling — Tribunal da Relação de Guimarães— Interpretation of Article1a of Third Council Directive 90/232/EEC of 14May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L129, p.33)— National provisions allowing the exclusion of the right of victims to compensation for accidents on the basis of an individual assessment of their contribution to the accident. |
Operative part:
Council Directive 72/166/EEC of 24April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, Second Council Directive 84/5/EEC of 30December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and Third Council Directive 90/232/EEC of 14May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles must be interpreted as not precluding national provisions falling within civil liability law that allow exclusion or limitation of the right of the victim of an accident to claim compensation under the civil liability insurance of the motor vehicle involved in the accident, on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury.