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Document 62010CN0442
Case C-442/10: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 13 September 2010 — Churchill Insurance Company Limited, Tracy Evans v Benjamin Wilkinson, by his father and litigation friend Steven Wilkinson, Equity Claims Limited
Case C-442/10: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 13 September 2010 — Churchill Insurance Company Limited, Tracy Evans v Benjamin Wilkinson, by his father and litigation friend Steven Wilkinson, Equity Claims Limited
Case C-442/10: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 13 September 2010 — Churchill Insurance Company Limited, Tracy Evans v Benjamin Wilkinson, by his father and litigation friend Steven Wilkinson, Equity Claims Limited
IO C 346, 18.12.2010, p. 29–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
18.12.2010 |
EN |
Official Journal of the European Union |
C 346/29 |
Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 13 September 2010 — Churchill Insurance Company Limited, Tracy Evans v Benjamin Wilkinson, by his father and litigation friend Steven Wilkinson, Equity Claims Limited
(Case C-442/10)
()
2010/C 346/47
Language of the case: English
Referring court
Court of Appeal (England & Wales) (Civil Division)
Parties to the main proceedings
Applicants: Churchill Insurance Company Limited, Tracy Evans
Defendants: Benjamin Wilkinson, by his father and litigation friend Steven Wilkinson, Equity Claims Limited
Questions referred
1. |
Are Articles 12(1) and 13(1) of the 2009 Directive (1) to be interpreted as precluding national provisions the effect of which, as a matter of the relevant national law, is to exclude from the benefit of insurance a victim of a road traffic accident, in circumstances where:
In particular:
|
2. |
Does the answer to question 1 depend on whether the permission in question (a) was based on actual knowledge that the driver in question was uninsured or (b) was based on a belief that the driver was insured or (c) where the permission in question was granted by the insured person who had not turned his/her mind to the issue? |
(1) 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 (Text with EEA relevance)
OJ L 263, p. 11