E1999J0001

ADVISORY OPINION OF THE COURT

of 17 November 1999

in Case E-1/99 (Request for an Advisory Opinion from Norges Høyesterett): Storebrand Skadeforsikring AS v. Veronika Finanger

Motor Vehicle Insurance Directives - driving under the influence of alcohol - compensation for passengers

(Pursuant to Article 27(5) of the Rules of Procedure only the English and Norwegian texts are authentic)

(2000/C 3/03)

In Case E-1/99: request to the Court pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Norges Høyesterett (Supreme Court of Norway), for an Advisory Opinion in the case pending before it between the Storebrand Skadeforsikring AS and Veronika Finanger, on the interpretation of the Agreement on the European Economic Area, with particular reference to the following Acts referred to in Annex IX to the EEA Agreement: the Act referred to in point 8 of Annex IX (Council Directive 72/166/EEC of 24 April 1972 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 to the enforcement of the obligation to insure against such liability); the Act referred to in point 9 of Annex IX (Second Council Directive 84/5/EEC of 30 December 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 the Act referred to in point 10 of Annex IX (Third Council Directive 90/232/EEC of 14 May 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), the Court, composed of: Bjørn Haug, President, Thór Vilhjálmsson and Carl Baudenbacher (Judge-Rapporteur), Judges; and Gunnar Selvik, Registrar, gave an Advisory Opinion on 17 November 1999, the operative part of which is as follows:

It is incompatible with EEA law (Council Directive 72/166/EEC of 24 April 1972 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 to the enforcement of the obligation to insure against such liability, Second Council Directive 84/5/EEC of 30 December 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 14 May 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) for a passenger who sustains injury by voluntarily driving in a motor vehicle not to be entitled to compensation unless there are special grounds for being so, if the passenger knew or must have known that the driver of the motor vehicle was under the influence of alcohol at the time of the accident and there was a causal link between the influence of alcohol and the injury.