Motor insurance for all passengers (new decision of the ECJ)01/06/07 / cata_european-union-news
The ECJ ruled that the Third Motor Insurance Directive (Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles) requires all passengers to be covered by motor insurance and therefore Irish national legislation, which precludes those not travelling in a part of a vehicle designed to carry passengers, is incompatible with Community law.
Article 1 of the Third Motor Insurance Directive is to be interpreted as precluding national legislation whereby compulsory motor vehicle liability insurance does not cover liability in respect of personal injuries to persons travelling in a part of a motor vehicle that has not been designed and constructed with seating accommodation for passengers. Further Article 1 of the Third Motor Insurance Directive satisfies all the conditions necessary for it to produce direct effect and accordingly confers rights upon which individuals may rely directly before the national courts.