Case C‑22/12

Katarína Haasová

v

Rastislav Petrík and Blanka Holingová

(Request for a preliminary ruling from the Krajský súd v Prešove)

‛Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Directive 90/232/EEC — Article 1 — Road traffic accident — Death of a passenger — Right to compensation of the partner and of the child, who is a minor — Non-material damage — Compensation — Cover by compulsory insurance’

Summary — Judgment of the Court (Second Chamber), 24 October 2013

1. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directives 72/166, 84/5 and 90/232 — Determining the rules of civil liability applicable to road traffic accidents — Competence of the Member States — Limits

   (Council Directives 72/166, 84/5 and 90/232)

2. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directives 72/166, 84/5 and 90/232 — Scope — Notion of ‘personal injuries’ — Scope — Non-material damage suffered by the next of kin of deceased victims of a road traffic accident — Included — Condition

   (Council Directives 72/166, Art. 3(1), 84/5, Art. 1(1) and (2) and 90/232, Art. 1, first para.)

3. EU law — Interpretation — Texts in several languages — Differences between the various language versions — General scheme and purpose of the rules at issue taken into account

1.  See the text of the decision.

   (see paras 40-42)

2.  Article 3(1) of Directive 72/166 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, Article 1(1) and (2) of Second Directive 84/5 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended by Directive 2005/14, and Article 1(1) of Third Directive 90/232 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles must be interpreted as meaning that compulsory insurance against civil liability in respect of the use of motor vehicles must cover compensation for non-material damage suffered by the next of kin of the deceased victims of a road traffic accident, in so far as such compensation is provided for as part of the civil liability of the insured party under national law.

   In the light of the different language versions of Article 1(1) of the Second Directive, Article 1(1) of the Third Directive and the protective aim of the three directives referred to above, the notion of ‘personal injuries’ covers any type of damage, in so far as compensation for such damage is provided for, as part of the civil liability of the insured, under the national law applicable in the dispute, resulting from an injury to physical integrity, which includes both physical and psychological suffering.

   In so far as concerns the issue as to who is entitled to compensation for such non-material damage, the protection which must be assured under Directive 72/166 extends to anyone who is entitled, under national civil liability law, to compensation for damage caused by motor vehicles.

   Consequently, the Member States are required to ensure that compensation payable, under their national civil liability law, for non-material harm suffered by the next of kin of victims of road traffic accidents is covered by compulsory insurance of at least the minimum amounts laid down in Article 1(2) of the Second Directive.

   (see paras 47, 51, 55, 59, operative part)

3.  See the text of the decision.

   (see para. 48)

Case C‑22/12

Katarína Haasová

v

Rastislav Petrík and Blanka Holingová

(Request for a preliminary ruling from the Krajský súd v Prešove)

‛Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Directive 90/232/EEC — Article 1 — Road traffic accident — Death of a passenger — Right to compensation of the partner and of the child, who is a minor — Non-material damage — Compensation — Cover by compulsory insurance’

Summary — Judgment of the Court (Second Chamber), 24 October 2013

1. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directives 72/166, 84/5 and 90/232 — Determining the rules of civil liability applicable to road traffic accidents — Competence of the Member States — Limits

   (Council Directives 72/166, 84/5 and 90/232)

2. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directives 72/166, 84/5 and 90/232 — Scope — Notion of ‘personal injuries’ — Scope — Non-material damage suffered by the next of kin of deceased victims of a road traffic accident — Included — Condition

   (Council Directives 72/166, Art. 3(1), 84/5, Art. 1(1) and (2) and 90/232, Art. 1, first para.)

3. EU law — Interpretation — Texts in several languages — Differences between the various language versions — General scheme and purpose of the rules at issue taken into account

1.  See the text of the decision.

   (see paras 40-42)

2.  Article 3(1) of Directive 72/166 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, Article 1(1) and (2) of Second Directive 84/5 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended by Directive 2005/14, and Article 1(1) of Third Directive 90/232 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles must be interpreted as meaning that compulsory insurance against civil liability in respect of the use of motor vehicles must cover compensation for non-material damage suffered by the next of kin of the deceased victims of a road traffic accident, in so far as such compensation is provided for as part of the civil liability of the insured party under national law.

   In the light of the different language versions of Article 1(1) of the Second Directive, Article 1(1) of the Third Directive and the protective aim of the three directives referred to above, the notion of ‘personal injuries’ covers any type of damage, in so far as compensation for such damage is provided for, as part of the civil liability of the insured, under the national law applicable in the dispute, resulting from an injury to physical integrity, which includes both physical and psychological suffering.

   In so far as concerns the issue as to who is entitled to compensation for such non-material damage, the protection which must be assured under Directive 72/166 extends to anyone who is entitled, under national civil liability law, to compensation for damage caused by motor vehicles.

   Consequently, the Member States are required to ensure that compensation payable, under their national civil liability law, for non-material harm suffered by the next of kin of victims of road traffic accidents is covered by compulsory insurance of at least the minimum amounts laid down in Article 1(2) of the Second Directive.

   (see paras 47, 51, 55, 59, operative part)

3.  See the text of the decision.

   (see para. 48)