Keywords
Summary

Keywords

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1. Preliminary rulings - Jurisdiction of the Court - Question not containing an exhaustive description of the legal and factual situation but relating to specific technical points - Enough information before the Court to enable it to give a useful reply - Question on which a ruling should be given

(EEC Treaty, Art. 177)

2. Approximation of laws - Civil liability insurance for motor vehicles - Directive 84/5 - When applicable - Individuals' reliance on the directive before the expiry of the time-limit it lays down for the entry into force of national implementing provisions - Not possible

(Directive 84/5, Art. 5(2))

Summary

1. The need to arrive at an interpretation of Community law which is useful for the national court requires that court to define the factual and legislative context of the questions it puts or at least to explain the factual hypotheses on which they are based. None the less, that requirement is less pressing where the questions relate to specific technical points and enable the Court to give a useful reply where the national court has not given an exhaustive description of the legal and factual situation.

A ruling should be given on a question where the case-file forwarded by the national court and the written observations submitted by the parties to the main proceedings have given the Court enough information to enable it to interpret the rules of Community law in respect of the situation which is the subject of the main proceedings.

2. It follows from the clear wording of Article 5 of 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 that even though Member States were under an obligation to amend their national provisions by 31 December 1987 at the latest, they were obliged to apply them only in respect of insurance cover for accidents occurring on or after 31 December 1988.

Since a directive can be relied on by individuals before national courts only after the expiry of the time-limit laid down for the entry into force of the national provisions transposing it, the provisions of that directive did not, before the date of 31 December 1988 laid down by Article 5(2), create rights for individuals which the national courts must protect.