Judgment of the Court (Second Chamber) of 24 October 2013 (request for a preliminary ruling from the Krajský súd v Prešove (Slovakia)) – Katarína Haasová v Rastislav Petrík, Blanka Holingová
(Case C-22/12) 1
(Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Directive 90/232/EEC – Article 1 – Road traffic accident – Death of a passenger – Right to compensation of the partner and of the child, who is a minor – Non-material damage – Compensation – Cover by compulsory insurance)
Language of the case: Slovak
Referring court
Krajský súd v Prešove
Parties in the main proceedings
Applicant: Katarína Haasová
Defendants: Rastislav Petrík, Blanka Holingová
Re:
Request for a preliminary ruling – Krajský súd v Prešove – Interpretation of Article 1 of 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 liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33) and Article 3(1) of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of 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 1972 L 103, p. 1) – Scope of the guarantee in favour of third parties provided by compulsory insurance – National provision not providing for compensation for non-material damage
Operative part of the judgment
Article 3(1) 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, Article 1(1) and (2) of 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, as amended by Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005, and Article 1(1) of 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 liability in respect of the use of motor vehicles must be interpreted as meaning that compulsory insurance against civil liability in respect of the use of motor vehicles must cover compensation for non-material damage suffered by the next of kin of the deceased victims of a road traffic accident, in so far as such compensation is provided for as part of the civil liability of the insured party under the national law applicable in the dispute in the main proceedings.
____________1 OJ C 98, 31.3.2012.