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Document 62018CO0431

    Order of the Court (Seventh Chamber) of 11 December 2019.
    María Pilar Bueno Ruiz and Zurich Insurance PL, Sucursal de España v Irene Conte Sánchez.
    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 — First paragraph of Article 3 — Concept of ‘use of vehicles’ — Leaks of oil and other liquids from a motor vehicle — Damages.
    Case C-431/18.

    ECLI identifier: ECLI:EU:C:2019:1082

     Order of the Court (Seventh Chamber) of 11 December 2019 — Bueno Ruiz and Zurich Insurance

    (Case C‑431/18) ( 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 — First paragraph of Article 3 — Concept of ‘use of vehicles’ — Leaks of oil and other liquids from a motor vehicle — Damages)

    Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directive 2009/103 — Concept of use of vehicles — Use of a vehicle in accordance with its function as a means of transport — Accident that occurred in a private car park following the formation of a puddle of oil which was mainly produced during manoeuvres made by a vehicle parked in that car park — Included

    (Directive 2009/103 of the European Parliament and of the Council, Art. 3, first para.)

    (see paras 35-45, 48, operative part)

    Operative part

    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 must be interpreted as meaning that the concept of ‘use of vehicles’, referred to in that provision, covers a situation in which a vehicle which has been manoeuvred and/or parked in a private car park, in accordance with its function as a means of transport, is involved in an accident in that car park.


    ( 1 ) OJ C 373, 15.10.2018.

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