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Document C2005/315/18

Case C-356/05: Reference for a preliminary ruling from the High Court, Ireland by order of that court of 30 July 2004 in Elaine Farrell v Alan Whitty, Minister for the Environment, Ireland and the Attorney General and Motor Insurers' Bureau of Ireland

ĠU C 315, 10.12.2005, p. 10–10 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

10.12.2005   

EN

Official Journal of the European Union

C 315/10

Reference for a preliminary ruling from the High Court, Ireland by order of that court of 30 July 2004 in Elaine Farrell v Alan Whitty, Minister for the Environment, Ireland and the Attorney General and Motor Insurers' Bureau of Ireland

(Case C-356/05)

(2005/C 315/18)

Language of the case: English

Reference has been made to the Court of Justice of the European Communities by order of the High Court, Ireland of 30.07.2004, received at the Court Registry on 23.09.2005, for a preliminary ruling in the proceedings between Elaine Farrell and Alan Whitty, The Minister for the Environment, Ireland and the Attorney General and The Motor Insurers' Bureau of Ireland on the following questions:

1.

As of December 31st 1995 the date by which Ireland was obliged to implement the provisions of the Third Directive (1) in respect of passengers on vehicles other than motorcycles, did Article 1 of the Third Directive oblige Ireland to render insurance compulsory in respect of civil liability for injury to individuals travelling in that part of a motor vehicle not designed and constructed with seating accommodation for passengers?

2.

If the answer to Question (1) is in the positive, does Article 1 of the Third Directive confer rights on individuals that may be relied upon directly before the national courts?

(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 liabilty in respect of the use of motor vehicles, Official Journal L 129, 19/05/1990 P.0033-0035.

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