Reference for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 27 October 2009 — José Maria Ambrósio Lavrador, Maria Cândida Olival Ferreira Bonifácio v Companhia de Seguros Fidelidade — Mundial SA

(Case C-409/09)

2010/C 11/28

Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Appellants: José Maria Ambrósio Lavrador, Maria Cândida Olival Ferreira Bonifácio

Respondent: Companhia de Seguros Fidelidade — Mundial SA

Question referred

Are the provisions of Article 1 of the Third Motor Insurance Directive (1) to be interpreted as meaning that, in the event of a road-traffic accident … Portuguese civil law — and in particular Articles 503(1), 504, 505 and 570 of the Civil Code — may not exclude or limit the right to compensation of a child, himself a victim of the accident, on the sole ground that that child was partly, or even exclusively, responsible for the loss caused?

(1)  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)