Judgment of the Court (Second Chamber) of 24 October 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts (Latvia)) – Vitālijs Drozdovs v AAS ‘Baltikums’
(Case C-277/12) 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 the parents of the applicant, who is a minor – Right to compensation of the child – Non-material damage – Compensation – Cover by compulsory insurance)
Language of the case: Latvian
Referring court
Augstākās tiesas Senāts
Parties to the main proceedings
Applicant: Vitālijs Drozdovs
Defendant: AAS ‘Baltikums’
Re:
Request for a preliminary ruling – Augstakas tiesas Senats – Interpretation of Article 3 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 1972 L 103, p. 1) and of Article 1(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 (OJ 1984 L 8, p. 17) – Insurance against civil liability in respect of the use of motor vehicles – Determination of damages which must be covered by the civil liability insurance – Possibility to include non-material damage in the compulsory protection for personal injuries – National legislation providing for an amount of compensation for psychological pain and suffering which is significantly lower that the amount laid down in the directives for compensation for personal injuries
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 and 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 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.
Article 3(1) of Directive 72/166 and Article 1(1) and (2) of Second Directive 84/5 must be interpreted as precluding national provisions, pursuant to which compulsory insurance against civil liability in respect of the use of motor vehicles covers compensation for non-material damage resulting from the death of a person’s next of kin in a road traffic accident – payable in accordance with national civil liability law – only to a maximum amount which is lower than the minimum amounts laid down in Article 1(2) of Second Directive 84/5.
____________1 OJ C 235, 4.8.2012.