Judgment of the Court (Fourth Chamber) of 5 September 2024 (request for a preliminary ruling from the Varhoven kasatsionen sad – Bulgaria) – E.N.I., Y.K.I. v HUK-COBURG-Allgemeine Versicherung AG

(Case C-86/23,  (1) HUK-COBURG-Allgemeine Versicherung II)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Law applicable to non-contractual obligations - Regulation (EC) No 864/2007 - Article 16 - Overriding mandatory provisions - Road traffic accident - Rights to compensation recognised in respect of the family members of the deceased person - Principle of fairness for the purposes of compensation for non-material damage suffered - Assessment criteria)

(C/2024/6060)

Language of the case: Bulgarian

Referring court

Varhoven kasatsionen sad (Bulgaria)

Parties to the main proceedings

Appellants in the appeal on a point of law: E.N.I., Y.K.I.

Respondent in the appeal on a point of law: HUK-COBURG-Allgemeine Versicherung AG

Operative part of the judgment

Article 16 of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)

must be interpreted as meaning that a national provision under which compensation for non-material damage suffered by the close family members of a person who died in a road traffic accident is determined by the court on the basis of fairness cannot be regarded as an ‘overriding mandatory provision’, within the meaning of that article, unless, where the legal situation in question has sufficiently close links with the Member State of the forum, the court before which the case has been brought finds, on the basis of a detailed analysis of the wording, general scheme, objectives and the context in which that national provision was adopted, that respect for it is regarded as crucial in the legal order of the Member State, on the ground that it pursues an objective of safeguarding an essential public interest that cannot be achieved by the application of the law designated pursuant to Article 4 of that regulation.

(1)   OJ C 155, 2.5.2023.