«(Compulsory insurance of motor vehicles – Exclusion of damage caused by intoxicated drivers)»

1.. Preliminary rulings – Jurisdiction of the Court – Limits – Question obviously irrelevant (EC Treaty, Art. 177)

2.. Approximation of laws – Civil liability insurance in respect of motor vehicles – Directive 72/166 – Extent of cover for third parties under the compulsory insurance – Exclusion of damage caused by intoxicated drivers – Not permissible – Insurer having a right of recovery against the insured – Permissible (Council Directives 72/166, Art. 3(1), and 84/5, Art. 2(1))

JUDGMENT OF THE COURT (Fifth Chamber) 28 March 1996 (1)

((Compulsory insurance of motor vehicles – Exclusion of damage caused by intoxicated drivers))

In Case C-129/94,

REFERENCE to the Court under Article 177 of the EC Treaty by the Audiencia Provincial de Sevilla, Spain, for a preliminary ruling in the criminal proceedings before that court against

on the interpretation of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition 1972(II), p. 360), the Second Council Directive 84/5/EEC of 30 December 1983 (OJ 1984 L 8, p. 17) and the Third Council Directive 90/232/EEC of 14 May 1990 (OJ 1990 L 129, p. 33), both on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles,

THE COURT (Fifth Chamber),,

composed of: D.A.O. Edward, President of the Chamber, J.-P. Puissochet (Rapporteur), J.C. Moitinho de Almeida, L. Sevón and M. Wathelet, Judges,

Advocate General: C.O. Lenz,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of the Spanish Government, represented by Gloria Calvo Díaz, the Greek Government, represented by Panagiotis Kamarineas and Christina Sitara, the United Kingdom, represented by Rhodri Thompson, and the Commission, represented by Dimitrios Gouloussis and Blanca Vilá Costa, of its Legal Service, at the hearing on 7 December 1995,

after hearing the Opinion of the Advocate General at the sitting on 25 January 1996,

gives the following

...

On those grounds,

THE COURT (Fifth Chamber),

in answer to the questions referred to it by the Audiencia Provincial de Sevilla, by order of 4 April 1994, hereby rules:

Edward

Puissochet

Moitinho de Almeida

Sevón

Wathelet

Delivered in open court in Luxembourg on 28 March 1996.

R. Grass

D.A.O. Edward

Registrar

President of the Fifth Chamber