Request for a preliminary ruling from the Court of Cassation (France) lodged on 7 April 2023 – Mutuelle assurance des travailleurs mutualistes (Matmut) v TN and Others
(Case C-236/23, Matmut)
Language of the case: French
Referring court
Court of Cassation
Parties to the main proceedings
Applicant: Mutuelle assurance des travailleurs mutualistes (Matmut)
Defendants: TN, Société MAAF assurances, Fonds de garantie des assurances obligatoires de dommages (FGAO), PQ
Question referred
Must Articles 3 and 13 of Directive 2009/103 of the European Parliament and of the Council of 16 September 2009 1 be interpreted as precluding the nullity of a contract for civil liability motor insurance from being declared enforceable against a passenger who is a victim where that person is also the policyholder and intentionally made a false statement at the time of conclusion of the contract which gave rise to that nullity?
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1 Directive 2009/103/EC of the European Parliament and of the Council 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 (OJ 2009 L 263, p. 11).