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Document 62021CO0028
Order of the Court (Tenth Chamber) of 31 January 2022.
TM v EJ.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory cover of damage to property – Scope – Legislation of a Member State excluding loss of earnings from cover by compulsory insurance against civil liability in respect of the use of motor vehicles.
Case C-28/21.
Order of the Court (Tenth Chamber) of 31 January 2022.
TM v EJ.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory cover of damage to property – Scope – Legislation of a Member State excluding loss of earnings from cover by compulsory insurance against civil liability in respect of the use of motor vehicles.
Case C-28/21.
Court reports – general
ECLI identifier: ECLI:EU:C:2022:69
Order of the Court (Tenth Chamber) of 31 January 2022 – TM (Loss of earnings following a road traffic accident)
(Case C‑28/21) ( 1 )
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory cover of damage to property – Scope – Legislation of a Member State excluding loss of earnings from cover by compulsory insurance against civil liability in respect of the use of motor vehicles)
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Questions referred for a preliminary ruling – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Application of Article 99 of the Rules of Procedure (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 24, 25) |
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Approximation of laws – Insurance against civil liability in respect of motor vehicles – Directive 2009/103 – Obligation to insure vehicules – Scope – Limits (European Parliament and Council Directive 2009/103, Art. 3) (see paras 27-32) |
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Approximation of laws – Insurance against civil liability in respect of motor vehicles – Directive 2009/103 – Obligation to insure vehicules – Obligation to cover material damage – National legislation excluding loss of profit from coverage by compulsory motor third party liability insurance – Whether permissible – Condition (European Parliament and Council Directive 2009/103, Art. 3, para. 1) (see paras 33-36, operative part) |
Operative part
Must the first paragraph of Article 3 of Directive 2009/103/EC 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 be interpreted as not precluding a provision of national law under which compulsory insurance against civil liability in respect of the use of motor vehicles does not cover damage consisting of loss of earnings, on condition that that limitation of cover applies without any difference in treatment depending on the Member State of residence of the injured party or of the owner or holder of the damaged vehicle.
( 1 ) OJ C 182, 10.5.2021.