Judgment of the Court (Tenth Chamber) of 15 December 2022 (request for a preliminary ruling from the Sofiyski gradski sad – Bulgaria) – LM, NO v HUK-COBURG-Allgemeine Versicherung AG

(Case C-577/21) ¹

(Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, fourth paragraph – Concept of ‘personal injury’ – Cover by compulsory insurance – Road traffic accident – Death of a passenger – Right to compensation for minor children – Non-material damage – Suffering of a child resulting from the death of his or her parent as a result of that accident – Compensation only in the event of pathological damage)

Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Parties to the main proceedings

Applicants: LM, NO

Defendant: HUK-COBURG-Allgemeine Versicherung AG

Operative part of the judgment

The fourth paragraph of Article 3 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 must be interpreted as not precluding national legislation which makes compensation, by an insurer against civil liability in respect of the use of motor vehicles, for non-material damage suffered by close family members of victims of road traffic accidents subject to the condition that that harm entailed pathological damage to the health of such close family members.

____________

¹ OJ C 513, 20.12.2021.