Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 20 January 2025 – KOOPERATIVA poisťovňa, a.s. Vienna Insurance Group v O.A.

(Case C-29/25, KOOPERATIVA)

(C/2025/2180)

Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings

Applicant: KOOPERATIVA poisťovňa, a.s. Vienna Insurance Group

Defendant: O.A.

Question referred

Do Directive 2009/103/EC (1) of the European Parliament and of the Council of 16 September 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, and Council Directive 93/13/EEC (2) of 5 April 1993 on unfair terms in consumer contracts, read in conjunction with Articles 47 and 17 of the Charter of Fundamental Rights of the European Union, with reference to the principle of equivalence enshrined in EU law, preclude a national regulation which, in the case of a court ruling on an insurer’s recourse claim against a person who caused damage in connection with the use of a motor vehicle, does not allow the court to assess and appropriately reduce the amount of the insurer’s recourse claim where reasons deserving special consideration exist, while pursuant to a general regulation contained in the Civil Code, when ruling on a claim for compensation for damage, the court may assess and appropriately reduce that damage where reasons deserving special consideration exist?

(1)   OJ 2009 L 263, p.11.

(2)   OJ 1993 L 95, p.29.