92001E2942

WRITTEN QUESTION E-2942/01

by Bart Staes (Verts/ALE) to the Council

(25 October 2001)

Subject: Protracted settlement procedures following (road) accidents in Switzerland

In answer to question E-1080/01(1) the Council says that it is not aware of the substance of the discussions which, according to the honourable Member, took place on 16 February between the Presidency and the President of Switzerland. The initiative taken by the then Presidency of the EU was part of an attempt to reach a solution to protracted settlement procedures for claims between EU victims and Swiss insurance companies because the fourth directive on motor vehicle insurance did not provide a solution to the problem.

Loop-holes in Swiss legislation enable insurance companies to withhold for a very long time the payment of damages resulting from civil liability. This source of legal uncertainty affects EU citizens who are victims of (road) accidents in Switzerland. They become caught up in a legalistic procedural wrangle with no prospect of compensation within a reasonable period of time.

Can the Council now provide full details of the discussions that took place on 16 February between the EU Presidency and the President of Switzerland concerning the speedy, equitable and fair settlement of claims made by European victims of road accidents in Switzerland? If not, why is the Council refusing to provide full details of these discussions?

(1) OJ C 364 E, 20.12.2001, p. 41.

Reply

(14 February 2002)

The Council wishes to refer to its reply to the question (E-1080/01) from the Honourable Member on the same subject, explaining that the Council has not been informed of any contacts on the subject at hand between the Presidency of the EU and the President of Switzerland in February of this year. As far as the Council has been able to establish the matter was not discussed on the occasion referred to by the Honourable Member.