Case C‑277/12

Vitālijs Drozdovs

v

Baltikums AAS

(Request for a preliminary ruling from the Augstākās tiesas Senāts)

‛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 the parents of the applicant, who is a minor — Right to compensation of the child — 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 and 84/5 — 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) and 84/5, Art. 1(1) and (2))

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

4. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directives 72/166 and 84/5 — Road traffic accident — Death of the parents of the applicant, who is a minor — National legislation which provides for maximum amounts of compensation which are lower than the minimum amounts guaranteed under EU law — Not permissible

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

1.  See the text of the decision.

   (see paras 31-33)

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 and 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 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 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, 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 38, 42, 46, 48, operative part 1)

3.  See the text of the decision.

   (see para. 39)

4.  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 and 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 must be interpreted as precluding national provisions, pursuant to which compulsory insurance against civil liability in respect of the use of motor vehicles covers compensation for non-material damage resulting from the death of a person’s next of kin in a road traffic accident — payable in accordance with national civil liability law — only to a maximum amount which is lower than the minimum amounts laid down in Article 1(2) of Second Directive 84/5.

   The Member States must exercise their powers in that field in accordance with EU law and the national provisions which govern compensation for road traffic accidents may not deprive the directives referred to above of their effectiveness.

   If the national legislatures were free to lay down, say in national legislation, maximum amounts, for each of the specific categories of damage identified, to be guaranteed which are lower than the minimum amounts laid down in Article 1(2) of the Second Directive, the minimum amounts laid down in the directive and, consequently, Article 2(1) itself would be deprived of their effectiveness.

   (see paras 53, 54, 58, operative part 2)

Case C‑277/12

Vitālijs Drozdovs

v

Baltikums AAS

(Request for a preliminary ruling from the Augstākās tiesas Senāts)

‛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 the parents of the applicant, who is a minor — Right to compensation of the child — 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 and 84/5 — 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) and 84/5, Art. 1(1) and (2))

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

4. Approximation of laws — Insurance against civil liability in respect of motor vehicles — Directives 72/166 and 84/5 — Road traffic accident — Death of the parents of the applicant, who is a minor — National legislation which provides for maximum amounts of compensation which are lower than the minimum amounts guaranteed under EU law — Not permissible

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

1.  See the text of the decision.

   (see paras 31-33)

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 and 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 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 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, 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 38, 42, 46, 48, operative part 1)

3.  See the text of the decision.

   (see para. 39)

4.  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 and 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 must be interpreted as precluding national provisions, pursuant to which compulsory insurance against civil liability in respect of the use of motor vehicles covers compensation for non-material damage resulting from the death of a person’s next of kin in a road traffic accident — payable in accordance with national civil liability law — only to a maximum amount which is lower than the minimum amounts laid down in Article 1(2) of Second Directive 84/5.

   The Member States must exercise their powers in that field in accordance with EU law and the national provisions which govern compensation for road traffic accidents may not deprive the directives referred to above of their effectiveness.

   If the national legislatures were free to lay down, say in national legislation, maximum amounts, for each of the specific categories of damage identified, to be guaranteed which are lower than the minimum amounts laid down in Article 1(2) of the Second Directive, the minimum amounts laid down in the directive and, consequently, Article 2(1) itself would be deprived of their effectiveness.

   (see paras 53, 54, 58, operative part 2)