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3.12.2011 |
EN |
Official Journal of the European Union |
C 355/10 |
Reference for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 22 September 2011 — Jonathan Rodrigues Esteves v Seguros Allianz Portugal SA
(Case C-486/11)
2011/C 355/16
Language of the case: Portuguese
Referring court
Tribunal da Relação de Guimarães
Parties to the main proceedings
Applicant: Jonathan Rodrigues Esteves
Defendant: Seguros Allianz Portugal SA
Questions referred
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(a) |
Must Article 1a of the Third Motor Insurance Directive (90/232/EEC) (1) — inserted by Article 4 of the Fifth Motor Insurance Directive (2005/14/EC) (2) — on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles be interpreted as precluding national law (such as that stemming from Articles 505 and 570 of the Portuguese Civil Code) which provides that that compulsory insurance against such liability does not cover liability for the personal and material damage caused to a cyclist in a road-traffic accident between a motor vehicle and a bicycle, even though the accident is due solely to the cyclist’s conduct? |
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(b) |
If the answer is in the affirmative — that is, such an exclusion of compensation is contrary to Community law — is national legislation that limits or reduces such compensation, having regard to the fault of the cyclist, on the one hand, and the risk posed by the motor vehicle, on the other, in causing the accident, compatible with the aforementioned Community directives? |