Request for a preliminary ruling from the Tribunal da Relação do Porto (Portugal) lodged on 26 September 2016 — José Joaquim Neto de Sousa v Portuguese State

(Case C-506/16)

(2016/C 454/34)

Language of the case: Portuguese

Referring court

Tribunal da Relação do Porto

Parties to the main proceedings

Applicant: José Joaquim Neto de Sousa

Defendant: Portuguese State

Question referred

Do the requirements of the Second (1) and Third (2) Directives on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles preclude the national legislation from providing for the culpable driver to be compensated, in respect of pecuniary damage, in the event that his spouse, who was a passenger in the vehicle, dies, in accordance with Article 7(3) of Decree-Law No 522 of 31 December 1985, as amended by Decree-Law No 130 of 19 May 1994?

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(1)  Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17).

(2)  Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33).