Interne markt: Europese Commissie verwijst Ierland naar Hof van Justitie t.a.v. compensatiemaatregelen voor bestuurders van onverzekerde voertuigen (en)
The European Commission has decided to refer Ireland to the European Court of Justice over its rules excluding - regardless of the circumstances - payment of any compensation from the Irish Insurance Bureau to drivers of vehicles in cases where all vehicles involved in a collision are uninsured. This means that if a driver of an uninsured vehicle is involved in an accident with another uninsured vehicle but is blameless, that driver will not receive any compensation. The Commission considers that this is contrary to EU law, which requires that national compensation bodies cover victims of accidents caused by unidentified or uninsured vehicles.
In October 2005, the Commission sent a reasoned opinion to Ireland formally requesting it to modify its legislation. In April 2006, the Commission sent a supplementary reasoned opinion, adding its concerns relating to Irish rules excluding compensation also to passengers who are victims of an accident while traveling in a vehicle which they knew was uninsured.
In the Commission's view, the Irish rules excluding compensation to drivers and passengers are contrary to the principles contained in the Second Motor Insurance Directive 84/5/EEC, and in particular Article 1 (4) thereof. The Second Motor Insurance Directive clarifies that compensation regimes must also include victims of accidents caused by unidentified or uninsured vehicles.
One aim behind the European harmonisation of rules in the field of motor insurance is to ensure that victims of motor accidents receive fast and adequate compensation, regardless of where in the European Union an accident takes place. Possible disputes regarding compensation or liability should not affect victims, but be settled between the insurer and the person responsible for the accident or injuries.
According to the Second Motor Insurance Directive, Member States may exclude the payment of compensation in respect of persons who voluntarily entered the vehicle which caused the damage or injury when the compensation body can prove that they knew it was uninsured. However, in the Commission's view, this limitation is an exception to the general rule and must be interpreted strictly. Consequently, it can not - against its explicit wording - be considered to embrace also situations and categories of people not mentioned in the Directive.
The latest information on infringement proceedings concerning all Member States is available at:
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm