Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 17 December 2019 — Van Ameyde España S.A. v GES Seguros y Reaseguros S.A.

(Case C-923/19)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Van Ameyde España S.A.

Defendant: GES Seguros y Reaseguros S.A.

Question referred

Does the final paragraph of Article 3 of Directive 2009/103/EC of the European Parliament and of the Council ¹ of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, read in conjunction with Article 1 of that directive, preclude an interpretation of national law (Article 5(2) of the Ley sobre responsabilidad civil y seguro en la circulación de vehículos a motor (Law on civil liability and insurance for the use of motor vehicles)) which, in cases such as that in the main proceedings, treats damage to the semi-trailer as being excluded from the cover provided by the compulsory insurance for the truck tractor or tractor unit, on the grounds that the semi-trailer is equated with items being transported in the truck tractor or tractor unit, or even that, for the purposes of damage to property, the semi-trailer forms a single vehicle with the truck tractor or tractor unit?

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¹ OJ 2009 L 263, p. 11.