Source: All England Reporter
Publisher Citation: [2017] All ER (D) 201 (Nov)
Court: Court of Justice of the European Union (Grand Chamber)
Judge:

Judges Lenaerts (President), Tizzano (Vice-President), Ilešic, Bay Larsen, von Danwitz, Fernlund and Vajda (Presidents of Chambers), Bonichot, Arabadjiev (Rapporteur), Toader, Safjan, Šváby and Prechal

Judgment Dates: 28 November 2017

Catchwords

European Union - Insurance - Compulsory insurance of motor vehicles

The Case

European Union Insurance. of Council Directive (EEC) 72-166 should be interpreted as meaning that the concept of 'use of vehicles', referred to in that provision, did not cover a situation in which an agricultural tractor had been involved in an accident when its principal function, at the time of that accident, had not been to serve as a means of transport but to generate, as a machine for carrying out work, the motive power necessary to drive the pump of a herbicide sprayer. The Court of Justice of the European Union so held in a preliminary ruling in proceedings brought by the applicants following a court ruling ordering them to pay compensation for the loss suffered by the first respondent as a result of his wife's death following an accident involving an agricultural tractor, which had occurred on the farm on which she had been working.

Practice Areas

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