Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria), lodged on 26 June 2023 – ZD ‘BUL INS’ AD v PV
(Case C387/23, BUL INS)
Language of the case: Bulgarian
Referring court
Sofiyski rayonen sad
Parties to the main proceedings
Applicant: ZD ‘BUL INS’ AD
Defendant: PV
Questions referred
1.Must Article 13 of 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, be interpreted as meaning that cases brought in respect of a claim for recourse on the part of an insurer concerning insurance against civil liability in respect of the use of motor vehicles provided under national law fall within the scope of EU law in relation to the prohibition on an insurer limiting its liability?1
2.If the answer to Question 1 is that EU law is applicable, must that provision and Article 38 of the Charter of Fundamental Rights [of the European Union] be interpreted as meaning that a natural person is to be regarded as a ‘consumer’ in such actions brought by or against that person, having regard to the principles of effectiveness and the requirements of consumer protection?
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1 OJ 2009 L 263, p. 11.