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Document 62012CJ0306

Summary of the Judgment

Judgment of the Court (Second Chamber), 10 October 2013.
Spedition Welter GmbH v Avanssur SA.
Request for a preliminary ruling from the Landgericht Saarbrücken.
Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability — Directive 2009/103/EC — Article 21(5) — Claims representative — Authority to accept service of judicial documents — National rule making the validity of that service conditional on the express grant of an authority to accept it — Interpretation in conformity with EU law.
Case C‑306/12.

Digital reports (Court Reports - general)

Case C‑306/12

Spedition Welter GmbH

v

Avanssur SA

(Request for a preliminary ruling from the Landgericht Saarbrücken)

‛Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability — Directive 2009/103/EC — Article 21(5) — Claims representative — Authority to accept service of judicial documents — National rule making the validity of that service conditional on the express grant of an authority to accept it — Interpretation in conformity with EU law’

Summary — Judgment of the Court (Second Chamber), 10 October 2013

  1. Acts of the institutions — Interpretation — Methods — Literal, systematic and teleological interpretation

  2. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directive 2009/103 — Powers of the claims representative — Authority to accept service of judicial documents necessary for proceedings for settlement of a claim to be brought before the court having jurisdiction — Included

    (European Parliament and Council Directive 2009/103, Art. 21(5))

  3. Acts of the institutions — Directives — Implementation by the Member States — Need to ensure that directives are effective — Obligations of national courts — Obligation to interpret national law in conformity with EU law

    (Art. 288, third para., TFEU)

  4. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directive 2009/103 — Powers of the claims representative — Authority to accept service of judicial documents necessary for proceedings for settlement of a claim to be brought before the court having jurisdiction — National legislation reproducing word for word the provisions of Article 21(5) of the directive — Obligation for the national court to interpret national law in a manner consistent with EU law

    (European Parliament and Council Directive 2009/103, Art. 21(5))

  1.  See the text of the decision.

    (see para. 17)

  2.  Article 21(5) of Directive 2009/103 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, must be interpreted as meaning that the claims representative’s sufficient powers must include authority validly to accept service of judicial documents necessary for proceedings for settlement of a claim to be brought before the court having jurisdiction.

    (see para. 25, operative part 1)

  3.  See the text of the decision.

    (see paras 28-30)

  4.  Where national legislation has reproduced word for word the provisions of Article 21(5) of Directive 2009/103 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, the national court is required, taking the whole body of domestic law into consideration and applying the interpretative methods recognised by domestic law, to interpret national law in a way that is compatible with the interpretation given to the directive by the Court of Justice of the European Union.

    (see para. 32, operative part 2)

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