(Case C-375/20 Request for a preliminary ruling from the Tribunal da Relação de Coimbra (Portugal) lodged on 10August 2020– Liberty Seguros SA v DR

Request for a preliminary ruling from the Tribunal da Relação de Coimbra (Portugal) lodged on 10August 2020– Liberty Seguros SA v DR

(Case C-375/20)

Language of the case: Portuguese

Referring court

Tribunal da Relação de Coimbra

Parties to the main proceedings

Applicant: Liberty Seguros SA

Defendant: DR

Interveners: Fundo de Garantia Automóvel, VS, FN, JT, Seguradoras Unidas, SA

Question referred

Does [EU] law, and in particular Directive 2009/103/EC¹ of the European Parliament and of the Council, preclude national legislation which allows the nullity of a contract of insurance taken out against civil liability in respect of the use of motor vehicles to be relied on as against injured third parties and the Fundo de Garantia Automóvel (Portuguese motor vehicle insurance guarantee fund) where that nullity results from the fact that the policyholder has used the insured vehicle for the clandestine and illegal transport of persons and goods for remuneration and has concealed its use for that purpose from the insurer? Would the answer be the same even if the passengers had known that the transport was clandestine and unlawful?

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¹ Directive 2009/103/EC of the European Parliament and of the Council of 16September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ 2009 L263, p.11).