«(Article 104(3) of the Rules of Procedure – Answer which may be clearly deduced from existing case-law – Second Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Types of civil liability – Minimum amounts of cover)»

Approximation of laws – Civil liability insurance in respect of motor vehicles – Directive 84/5 – Member State which provides for a number of types of civil liability – National laws laying down, in respect of one of them, maximum amounts of compensation that are lower than the minimum amounts of cover – Not permissible (Council Directive 84/5, Art. 1(2)) Article 1(2) of the 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 precludes national laws which provide for a number of types of civil liability applicable to road-traffic accidents, laying down, in respect of one of them, maximum amounts of compensation that are lower than the minimum amounts of cover laid down by that article.see para. 25, operative part

ORDER OF THE COURT (First Chamber) 24 July 2003 (1)

((Article 104(3) of the Rules of Procedure – Answer which may be clearly deduced from existing case-law – Second Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Types of civil liability – Minimum amounts of cover))

In Case C-166/02,

REFERENCE to the Court under Article 234 EC by the Tribunal Judicial da Comarca de Alcácer do Sal (Portugal) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of the Second Council Directive 84/5/EEC of 30 December 1983 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 1984 L 8, p. 17),

THE COURT (First Chamber),

composed of: M. Wathelet, President of the Chamber, P. Jann (Rapporteur) and A. Rosas, Judges,

Advocate General: S. Alber,

the national court having been informed that the Court proposes to give its decision by reasoned order pursuant to Article 104(3) of its Rules of Procedure, the persons referred to in Article 23 of the Statute of the Court of Justice having been invited to submit any observations they may have on that proposal, after hearing the Advocate General, makes the following

Member States may, in place of the above minimum amounts, provide for a minimum amount of 500 000 ECU for personal injury where more than one victim is involved in a single claim or, in the case of personal injury and damage to property, a minimum overall amount of 600 000 ECU per claim whatever the number of victims or the nature of the damage.

.

On those grounds,

THE COURT (First Chamber),

in answer to the question referred to it by the Tribunal Judicial da Comarca de Alcácer do Sal by order of 26 April 2002, hereby rules:

Luxembourg, 24 July 2003.

R. Grass

M. Wathelet

Registrar

President of the First Chamber