Glosa do wyroku Trybuna³u Sprawiedliwoœci Unii Europejskiej z dnia 29 kwietnia 2021 r. w sprawie Powiat Ostrowski przeciwko Ubezpieczeniowemu Funduszowi Gwarancyjnemu (C-383/19)
Gloss to the Judgment of the Court of Justice of the European Union of 29 April 2021 in the Case of Ostrów County v the Insurance Guarantee Fund (C 383/19)

Summary/Abstract: On 29 April 2021, the Court of Justice of the European Union in Case C 383/19 passed a prelimi-nary ruling on the interpretation of Article 3 of Directive 2009/103/EC of the European Parlia-ment and of the Council of 16 September 2009 on insurance against civil liability in respect of theuse of motor vehicles and the enforcement of the obligation to insure against such liability. Thisjudgment is of key importance for Polish insurance industry, especially for maintaining the cohe-rence of the compulsory insurance system of motor liability insurance for motor vehicle ownersfor damage caused by the use of their vehicles. The social function of this obligatory insurance isinextricably linked with the protection of third parties against the effects of frequent adverse inci-dents resulting from the use of motor vehicles in the modern world. What is more, a compulsoryinsurance contract ought not to be treated as a financial burden for vehicle owners, because itboth protects possible perpetrators of motor accidents from serious financial charges and preventsan excessive depletion of their assets due to civil liability. The above-mentioned judgment con-cerns the confirmation of the principle that in the current Polish legal system there is no possibili-ty of either ignoring the obligation to conclude a civil liability insurance contract or being exemptfrom such obligation, where the owner is not able to use the vehicle for some period owing to itstechnical condition.

• Details
• Contents